[CLC-Discussion] Expired lease and moratorium on evictions

[RPPTL CLC-Discussion]

I have done 3 evictions based on expiration of the lease (Manatee and Sarasota County).  The court each time found that the moratorium did not apply as the eviction was not due to non-payment of rent, but rather other contract breach

 

Laurie B. Sams

Van Winkle & Sams, P.A. 
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From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, April 01, 2021 10:09 AM
To: clc-discussion at lists.flabarrpptl.org
Cc: leesadculver at hotmail.com
Subject: Re: [CLC-Discussion] Expired lease and moratorium on evictions

 

It is residential. Thanks for the advice. 

 

From: clc-discussion-bounces at lists.flabarrpptl.org <mailto:clc-discussion-bounces at lists.flabarrpptl.org>  <clc-discussion-bounces at lists.flabarrpptl.org <mailto:clc-discussion-bounces at lists.flabarrpptl.org> > On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, April 1, 2021 9:53 AM
To: clc-discussion at lists.flabarrpptl.org <mailto:clc-discussion at lists.flabarrpptl.org> 
Subject: Re: [CLC-Discussion] Expired lease and moratorium on evictions

 

Depends. If residential potentially yes, but you can ask court to hold evidentiary hearing as to whether the tenant meets the protected class.  

 

Sent from my iPhone

 

On Apr 1, 2021, at 9:22 AM, RPPTL CLC-Discussion <clc-discussion at lists.flabarrpptl.org <mailto:clc-discussion at lists.flabarrpptl.org> > wrote:

 

My landlord client has a tenant who refuses to vacate after the lease has expired and has raised the defense to removal or eviction of the moratorium. Does anyone have any advice as to whether the moratorium applies to an expired lease? The answer may seem simple but any advice would be appreciated. 

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