Averting disaster in your building

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champlain, collapse, condominium, engineering, erosion, failure, florida, rebar, spalling, structure, surfside

South Florida structural engineer Greg Batista explains why the Surfside condominium collapsed and how to recognize signs of structural problems in your building. Click here to watch the one hour seminar https://youtu.be/gTHjmHsYiyg

Liability of Landlord where tenant is required to temporarily vacate for tenting

Florida Statutes Section 83.51 (2) (a) (1) provides that unless otherwise agreed to in writing, the landlord is responsible for pest control.

When vacation of the premises is required for such extermination, the landlord is not liable for damages but shall abate the rent. The tenant must temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days’ written notice.

CDC Moratorium does not apply to evictions for holding over.

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CDC, eviction, florida, LANDLORD, moratorium, TENANT

Landlord filed an eviction for holdover, having terminated the Tenant’s month to month tenancy.   Tenant filed a CDC Declaration as a defense.

The Court ruled that:

The CDC Moratorium does not prevent the landlord from challenging the Tenant’s status order the order.

“Under Florida law, a verbal month-to-month lease can be terminated at any time. Therefore, Defendant(s) are not a “Covered Person” because the Order is not applicable to termination of month-to-month lease agreements. The Order is applicable to tenants with a current written lease agreement that are not paying rent.”

Tenant was evicted

BRUCE A. COOPER  v. KRISTOFER SMITH,  County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 21-CC-003491.  29 Fla. L. Weekly Supp. 46a

Default is entered against tenant who claimed to be covered person under CDC declaration ordering temporary halt to residential evictions but failed to present evidence or testimony to demonstrate that she was a covered person

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CDC, eviction, florida, LANDLORD, moratorium, TENANT

Tenant filed an answer to Landlord’s eviction complaint alleging to be a “covered person”  under the CDC Eviction Moratorium.  The landlord filed a motion to determine the validity of Tenant’s declaration.  The tenant failed to appear at the hearing on the motion.

The judge ruled that

“Pursuant to the HHS/CDC Temporary Halt in Residential Evictions to Prevent the Further Spread of Covid-19 – Frequently Asked Questions (“FAQ”), “the Order does not preclude a landlord from challenging the truthfulness of a tenant’s declaration in any state or municipal court.”

Tenant was required to present testimony and/or evidence to demonstrate that she was a covered person under the Order.

Tenant failed to present testimony and/or evidence that she was a covered person under the Order.

The eviction was granted.

41 PROPERTY MANAGEMENT, INC., d/b/a REALNET PROPERTY MANAGEMENT, INC., v. CHANDRA L. SPIRES, County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 20-CC-87970, 29 Fla. L. Weekly Supp. 45a

Update on Texas Federal Court Ruling against CDC Eviction Moratorium

On Saturday February 27th, the Justice Department filed an appeal to the Texas Federal District Court order declaring the CDC eviction moratorium unconstitutional. The moratorium purported to prohibit the filing of residential evictions for non-payment of rent,  but under a procedure  established by the Texas Supreme court, permitted judges to question plaintiffs under oath to ascertain the veracity of an affidavit submitted by tenants under the moratorium stating that COVID  had adversely affected the tenant’s income to the extent that they could not pay rent.   The moratorium is currently expected to expire March 31, 2021,  but is widely expected to be extended through June 2021. In the opinion, Judge Barker said he expected the CDC to abide by his ruling and cease enforcement of the CDC’s eviction moratorium order, noting “[s]o the court chooses not to issue an injunction at this time.” “Plaintiffs may, of course, seek an injunction should defendants threaten to depart from the declaratory judgment.” However, the Justice Department claims that the scope of the ruling was limited to the particular seven plaintiffs to the law suit.

Federal District Court rules CDC moratorium unconstitutional

an injunction was not issued. An appeal is expected. Read more here https://thehill.com/regulation/court-battles/540617-judge-rules-cdc-eviction-moratorium-unconstitutional

Broward suspends defaults, writs of possession until July 2nd

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broward, default, evictions, florida, moratorium, writ

IN THE CIRCUIT COURT OF THE SEVENTEENTH
JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA
Administrative Order 2020-23-Temp
EMERGENCY ADMINISTRATIVE ORDER
CORONAVIRUS DISEASE 2019 (COVID-19)

F. Defaults and Writs of Possession and for Garnishment. Until such time as
the courts resume normal operations, in all county civil and circuit civil cases:
(1)No default shall be entered by the Clerk of Court.
(2)No court default may be sought unless submitted by motion to the
presiding judge detailing exigent circumstances which may warrant
judicial relief. In the event the presiding judge is unavailable, the matter
shall be presented to the Administrative Judge of the County Court or the
Administrative Judge of the Circuit Civil Division, as appropriate, and if
either are unavailable, to the Chief Judge.
(3)No writs of possession or writs of garnishment may issue until normal
operations of the court resume.

NOTE:  Landlords may still issue 7 day notices to cure violation, and notices of non-renewal,  file and issue and serve summons, except for residential non-payment of rent cases.   All properties with federally subsidized mortgages are subject to the March 27th Federal “CARES” ACT are enjoined from any action for non-payment of rent until July 25, 2020.

 

Broward Courts: status report

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broward, clerk, closure, court, evictions, LANDLORD, motions, orders, summons, TENANT

While the Broward Courts are closed to the public,  the court system remains in operation.  The clerk is issuing esummons in one day.  Judges are ruling on ex parte motions in a matter of days.  Hearings are being cancelled and not reset for the time being.

Court registry:  is open.  Funds my be mailed or left in the drop box manned by the sheriffs at the court house entrance.

The Sheriff is not executing writs of possession in the following counties until further notice:

BREVARD, BROWARD, DUVAL, HILLSBOROUGH, INDIAN RIVER, LEE, LEON, MARTIN, MIAMI-DADE,  ORANGE, PALM BEACH, SEMINOLE, ST. LUCIE 

 

Evictions halted in Broward

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broward, evictions, florida, halted, sheriff, stopped, writ of possession

In a Tuesday letter to the Broward Sheriff’s Office, Tuter referenced the ongoing state of emergency due to the spread of the virus. Tuter outlined that state of emergency, along with a previous Administrative Order allowing for evictions to be suspended.

“Pursuant to that Administrative Order, the Sheriff shall suspend posting and execution of any writ of possession for residential premises that have not been executed prior to the declaration of emergency and partial suspension of court operations,” the order reads.

“This mandate not only applies to the Sheriff, but to all law enforcement agencies.”

Click here to read the article on FloridaPolitica.com

Broward Court closed to the public until March 27th.

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broward, closure, court, court registry, delay, eviction, florida, LANDLORD, post, summons

For landlord’s this means that no affidavits of mailing for summons served by posting can be filed in person,  but they may be mailed to the clerk of court.

For Tenants:  The judges are still processing the eviction cases.  If you are being evicted for non-payment of rent you still have to post the rent in the court registry within five business days of being served.  As the court house is closed to you,  you must mail the rent to the court registry or deposit it in the drop box outside the court house.  You must add the court registry fee of 3% of the first $500 and each subsequent $100 at 1.5%. Deposits into the Court Registry can be in the form of Cash, Cashier’s Check, Bank Official Check, Money Order, or Attorney Trust Account Check. No personal checks are accepted.

For updates and questions, please contact the jury room 24-7 Hotline: (954) 831-7051, Office Hours Only: (954) 831-6089.

Please visit www.17th.flcourts.org/coronavirus-covid-19-updates for updates on Court Operations.