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.
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.