Under Chapter 83 of the Florida Statutes, also known as Florida’s Landlord and Tenant Act, under certain circumstances, a Landlord may make a claim on the Tenant’s Security deposit. But there are important procedural steps that both landlords and tenants should be familiar with regarding claims on security deposits.
Florida law recognizes the importance of rental income, and as a result protects the right of the landlord to collect past due and unpaid rent even while a commercial eviction action remains pending against the tenant.
In connection with the outbreak of COVID-19 pandemic, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act), which included a 120-day prohibition of eviction proceedings for “covered property” (i.e., properties with federally-backed mortgages) was into law on Mach 27, 2020.
Governor DeSantis signed Executive Order Number 20-94 (Emergency Management – COVID -19 – Mortgage Foreclosure and Eviction Relief) on April 2, 2020, suspending all non-payment rental evictions and mortgage foreclosures until May 17, 2020. Based on Section 3 of the Governor’s Executive Order, tenants are not relieved of their legal obligation to pay rent.
Subleasing and Sublease Evictions in Florida Florida statutory law does not expressly prohibit or allow subleasing. Most of the time, the lease agreement will determine whether the tenant can sublease. If the lease agreement is verbal, the parties will have a more difficult time establishing whether subleasing is permitted.