Is the Eviction Moratorium Constitutional

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.

Evictions During Coronavirus

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.

Self Storage Evictions

Self Storage Unit Evictions differ from run-of-the-mill residential evictions or commercial evictions in several key respects.

Chapter 83 Part III of the Florida Statutes governs evictions of renters from self storage units. Parts I and Part II of Chapter 83 govern commercial and residential tenancies, respectively.

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An Eviction Lawyer’s Landlord/Tenant Vocabulary

Florida’s Landlord Tenant Laws – Concepts and Vocabulary.

One of the most effective ways to gain greater insight and understanding of Florida’s eviction laws is to learn the legal vocabulary associated with this particular field of law. What follows is a brief (but by no means exhaustive) list of vocabulary words commonly employed by eviction lawyers practicing under Florida law. Understanding the interplay between the various words and their associated legal concepts can lead to a greater understanding of Florida’s landlord/tenant laws.

Lease: A real property contract by which a rightful possessor of real property conveys the right to use and occupy the property in exchange for some good or service (also known as consideration). The Tenant’s “consideration” is usually rent money while the Landlord’s “consideration” is the rental property itself. Under Florida law, a lease term can be for a fixed period of time, for life, or for a period terminable at will by the property owner. The term lease can also refer to a written instrument which memorializes a conveyance of real property and its covenants. In sum, a lease is a contract by which a rightful possession of personal property conveys the right to use that property for some agreed upon period of time in exchange for some form of consideration. To have a valid Lease, the parties need not memorialize the instrument in writing. Read more