COLLIER COUNTY, Fla. — Landlords have the “all-clear” to evict again in Florida after Governor Ron DeStantis’s eviction moratorium expired Thursday. A local attorney reminds landlords of the federal bans in place that protect tenants through the end of the year. But, that’s not stopping Southwest Florida landlords from filing eviction claims.
The Collier County Clerk of Court shared eviction filings went from 48 in March to just nine in April when the moratorium started and back up to 85 in September.
Landlord Attorney Holly Cosby says the governor’s eviction ban never stopped landlords from filing a claim.
“You could always file one, but it’s your choice to have it just sitting there,” said Cosby.
Most judges didn’t proceed with it because of the moratorium.
Compared to Collier County’s 407 eviction filings so far this year, Lee County received 641 by the end of September, with 12 more filed since Thursday.
Most of them are non-monetary evictions, meaning landlords are forcing tenants out for things other than missed rent payments like staying after a lease ends or having unauthorized pets.
“If that’s not fixed, or the tenant does not leave, then the landlord has the right to file a lawsuit,” said Cosby.
After the landlords’s lawsuit the tenant then has to file a response within 20 days and possibly show up to court. If the judge rules in the landlord’s favor, then a sheriff’s deputy will execute the eviction.
Since the ban lifted, Charlotte County deputies have already removed six tenants. The rate of eviction filings in the county is speeding up. The clerk of court saw a total of 24 filed last month. Seven have already been filed since Thursday.
Despite the state ban lifting, Cosby says she’s steering clear of kicking people out who have fallen on hard times.
“I’m accepting eviction cases, but not for non-payment of rent. There’s still a federal moratorium on evictions for non-payment of rent,” she said.
Collier County deputies completed 18 evictions last month. The federal eviction moratorium ends Decepmber 31st. The CDC’s declaration form for tenants affected by the pandemic is here.
