[RPPTL Leasing Committee] Residential Evictions After Desantis Amendment

[Scott Frank]

Good morning all.  

 

So I do not do residential evictions, but a multi-family client asked me
what the courts are doing now that Desantis amended the eviction moratorium
order.  As I read the amendment, the logical interpretation would be that
landlords are free to file and pursue non-payment evictions, but that that
the tenants have a new defense of COVID-related hardship.

 

Am I reading this right?  But more importantly than my interpretation, how
are the County Clerks and Judges interpreting this?  Are they accepting
complaints and issuing summonses?  Are they allowing judgments to issue?
And if you have come across any COVID-related defenses, how strict are
judges being with regard to allowing or disallowing the defense?

 

Happy to hear any experiences you have had.  Thanks.

 

 

Scott A. Frank

Attorney at Law

 

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 <mailto:sfrank at saflaw.com> sfrank at saflaw.com

 

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