Federal Lawmakers Extend Eviction, Foreclosure Moratoriums

Federal Lawmakers have extended the moratoriums on certain residential evictions and mortgage foreclosures until January 31, 2021. However, these moratoriums only apply in limited circumstances.

First, there are no protections for commercial mortgages or tenancies. Businesses can still be removed from properties either by foreclosure or eviction.

The moratorium on evictions only applies to evictions for non-payment of rent. So, if a lease simply expires, a landlord is under no obligation to renew that lease and may evict the tenant for holding over after the term of the lease.

The moratorium on foreclosures only applies to Federally-backed mortgages, such as Fannie Mae and Freddie Mac loans. Additionally, tenants who live in single-family properties with Federally-backed mortgages, and tenants who receive Federal housing assistance or whose landlords receive Federal housing assistance, may also be protected from eviction.

Florida has not extended any additional protections for non-payment of private or institutional mortgages, or community association assessments. That means if you fall behind on payments to the mortgage company or your condominium or HOA, you are still at risk of losing your property.

The laws on evictions and foreclosures are nuanced and constantly changing. Consult an attorney experienced in evictions and foreclosures to best take advantage of this changing legal landscape.