Service with a smile, process servers

COVID-19 eviction protections continue with new orders from Florida and CDC
House keys sitting on an eviction notice received in the mail.
House keys sitting on an eviction notice received in the mail.

As the COVID-19 pandemic continues, more protection has been extended to renters impacted by by the novel coronavirus both in Florida and throughout the country by state and federal decrees, but the relief comes with some stipulations.

On Monday, Florida Gov. Ron DeSantis extended an administrative order preventing residents who can’t pay rent due to COVID-19 from being evicted through the end of the month. The next day, President Donald Trump authorized the Centers for Disease Control and Prevention to issue protections for certain renters in the country impacted by the novel coronavirus through the end of the year.

Eighteenth Circuit Court spokeswoman Michelle Kennedy said all evictions in Brevard and Seminole counties unrelated to COVID-19 financial trouble can proceed. The CDC executive order does not appear to have any impact on court proceedings within the circuit, she said.

The CDC order is more limited than Florida’s. It only applies to tenants who:

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Can't make rent due to financial hardship related to COVID-19

Expect to make less than $99,000 total in 2020

Have made their best effort to pay rent

Will become homeless if evicted

People seeking protection under the CDC order must sign a sworn statement that those conditions apply to them and provide it to their landlord.

According to the CDC, the order is aimed at stemming the public health threat of “unprecedented” homelessness if renter protections expire.

Anyone who violates the order and evicts a tenant can face penalties, including a year in jail and a fine of up to $100,000. If someone dies as a result of the eviction, the maximum fine rises to $250,000. An organization could be fined up to $200,000 for an eviction and up to $500,00 if it leads to a death.

More: Evictions resumed in Brevard after local post-COVID-19 order expired at end of May

Many landlords have criticized the COVID-19 eviction moratoriums, saying tenants unaffected by the disease are exploiting the policies. They say renters who aren't paying rent are costing them money and that the orders prevent them from replacing delinquent tenants with paying ones, making it hard to pay their bills.

Neither DeSantis’s or the CDC’s orders forgive rent payments, meaning tenants still owe rent. DeSantis's order does not address late fees and the CDC's does not prevent landlords from collecting them.

Brevard County restrictions eased in June and the courts allowed evictions wrapped up before the pandemic to be carried out. But court records since then show that hundreds of eviction cases — including some unrelated to COVID-19 or nonpayment of rent — appear to have stalled in the proceedings.

More: COVID-19: Evictions on pause, but some landlords still want their tenants out

No final eviction is on the books for most cases initiated since March, though court records show some have been settled. The 18th Circuit Court has yet to explain why so few final evictions appear in the online record system.

Once the moratoriums lift, landlords will likely face a long process to get tenants removed. Michelle Hinden, a Florida attorney who specializes in real estate cases, said in July that she knew of Orange County eviction trials scheduled as far out as 2022.

Courts face a backlog of other cases that may take priority over evictions. The Florida Supreme Court has suspended the right for criminal defendants to receive a speedy trial but once that lifts, the clock for criminal cases will begin ticking.

Debt Collection Scams
To seem more threatening, fake debt collectors pose as process servers to make you hand money directly to them. If you believe you are victim to a fake debt collector posing as a process server, it is important that you ask yourself the questions found above. Just as with process servers, debt collectors are subject to rules and regulations. To view what debt collectors can and cannot do, read the Federal Trade Commission’s Fair Debt Collection Practices Act.

Debt collection is a complicated industry, as different companies can buy and transfer debt. Therefore, many people who owe money may not recognize the companies calling to collect which can make identifying a hoax even more difficult. The best way to protect yourself is to know your rights and the limitations for debt collection to ensure that you don’t fall for these vicious tricks. The Federal Trade Commission also publishes known scam threats so that you can arm yourself with the knowledge of common malevolent schemes.

Read some of the most commonly sought answers of the FDCPA for further clarification on how you can protect yourself.