Why Some Florida Tenants Are Being Evicted In Spite of the CDC Moratorium

The CDC has enacted an emergency rule that prevents residential evictions for eligible tenants. Many Florida renters have invoked protections under this act, but unfortunately, not all Florida tenants have enjoyed the same protections. NBC News reports that Patricia Kinsey, the only judge hearing eviction cases in Escambia County, has simply ruled the CDC ban to be unconstitutional. More than one tenant has been evicted by Judge Kinsey’s orders in spite of filing a declaration that they are eligible for relief under the CDC rule.

Rulings like this have created a patchwork of laws that are applied differently across the country. In Georgia, for example, a federal judge rejected the same argument and ruled that the CDC ban was constitutional. Even here in Florida, other eviction judges have found the ban to be valid and declined to issue eviction orders while it is in place. Rulings like this create chaos for real Florida families who have been badly hurt by the economic effects of a global pandemic that has raged on for a year.

So what can Florida tenants do to protect their legal rights? First, it is important to take action as soon as possible. Do not wait until your landlord has already filed an eviction case in court. The sooner you act, the better options you will have for staying in your home. There are still some grant programs that may be able to issue grants or loans.

For those who need legal advice, the experienced Casselberry and Oviedo eviction attorneys at Quattrochi, Torres, and Taormina are here to help. Call 407.452.4918  or contact us online to schedule your free consultation. Don’t trust that a judge will protect you because of the CDC rule. Get protection for your legal rights as a tenant today.