Disclaimer: The information enclosed in this email update is being provided for informational purposes only and does not constitute legal advice. FAA members are encouraged to contact their legal counsel regarding any landlord/tenant law related matters.
Three-Day Notice and Executive Order 20-94
On April 2nd, Governor Ron DeSantis issuedExecutive Order 20-94. This order suspends evictions for non-payment of rent in Florida for the next 45 days. The order also states that nothing in the executive order shall be construed as relieving an individual from their obligation to make mortgage payments or rent payments.
In light of the Governor's Executive Order, which prohibits evictions for non-payment of rent, a traditional three-day notice is not legally enforceable at this time. Therefore, it is possible that landlords who continue to serve a traditional a three-day notice while Executive Order 20-94 remains in effect, could expose themselves to increased liability.
Click the video above to watch a short video on this topic from Harry Heist from The Law Offices of Heist, Weisse and Wolk P.A. A special thanks to Harry Heist for sharing his expertise with FAA membership.
Factors to Consider:
Due to the current environment and the unprecedented financial challenges posed by COVID-19, FAA encourages members to contact their local legal counsel for guidance regarding notice practices and how to best communicate with residents who were unable to pay rent at this time.
Management could make courtesy phone calls to check in with residents who were unable to pay rent on time rather than send a written notice.
If a written payment reminder is used, FAA members are encouraged to draft these communications in a manner that would paint the company in a positive light if it were shared with the media.
It is also important to keep in mind that Florida's unemployment system is experiencing significant technical difficulties that are drastically delaying a resident's ability to file and ultimately collect unemployment benefits. In light of this, FAA encourages members to provide temporary flexibility to residents who are financially impacted by COVID-19.
If you are an employee of an apartment community, management company, or supplier company that is NOT currently a member, we invite you to join one of our 11 local affiliates across the state of Florida:
Your company can become a member of FAA by joining an affiliated apartment association in the location you do business. When you join one of our local affiliates, you automatically become a member of the Florida Apartment Association.