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The Florida Association of Realtors and a local real estate agency are seeking an end to the nationwide moratorium on evictions implemented during the coronavirus pandemic claiming they are losing millions as the prohibition drags on.
The plaintiffs lodged the lawsuit in federal court against the Centers for Disease Control (CDC) and other regulators Monday. The Florida Realtors, a trade organization representing landlords and others, and R.W. Caldwell Inc say that the federal government went too far when it enacted restrictions on evictions to curb the spread of COVID-19.
“Florida has approximately 2.7 million renter-occupied housing units, with an average monthly rental cost of approximately $1,200,” points out the complaint.
“Landlords precluded from evicting tenants who breach their leases by nonpayment thus face thousands of dollars in damages in connection with just a single rental unit,” say the Florida Realtors, who allege that these damages skyrocket when multiple tenants fail to pay rent under the eviction moratorium.
The Florida Realtors lawsuit claims that property managers fear the steep fines and penalties that can be assessed under the federal eviction moratorium, even if they are within their rights. As a result, property managers and owners are suffering tens of millions in losses from tenants who are not paying rent, but they cannot evict.
“Like forcing employers to continue paying wages to persons who no longer work for them, the eviction moratorium prohibits landlords from removing tenants who no longer pay rent to occupy a residence,” states the lawsuit.
The Florida Realtors point out that the CDC’s eviction moratorium carries both civil and criminal consequences, including up to $250,000 in fines, for those that violate the order. The agency has failed to establish how locking in a landlord-tenant agreement will help stop the spread of coronavirus, contends the lawsuit.
In their complaint, the Florida Realtors argue “the CDC has failed to identify any evidence to support its assertion that prohibiting landlords from repossessing rental properties when tenants do not pay their rent stops the interstate spread of Covid-19.”
The lawsuit acknowledges that, under the eviction moratorium, tenants, in theory, are responsible for back rent payments they miss during the ban; however, the plaintiffs say that it is unlikely that landlords will see much of this money.
“Persons who are invok[ing] the moratorium’s protections are not relieved of their obligations to pay rent, but they may often be judgment proof, making the debt in many cases ultimately uncollectible,” points out the lawsuit.
Further, landlords have not been given a break on property taxes and other payments they must make to maintain the rental, despite the lack of rent payments during the eviction moratorium, allege the Florida Realtors.
The lawsuit seeks a permanent injunction against the nationwide eviction moratorium, allowing landlords to evict tenants who fail to pay rent or otherwise violate the terms of their lease.
The eviction moratorium has been a contentious measure enacted during the COVID-19 pandemic. Earlier this year, a Texas judge ruled that the CDC could not enforce the eviction ban in that state. Tenants say they still struggle with job loss and other financial problems due to the outbreak, making rent payments nearly impossible.
Do you think the eviction moratorium should end? Tell us in the comment section below!
The plaintiffs are represented by Matthew J. Conigliaro and D. Matthew Allen of Carlton Fields PA and David C. Gibbs III of Gibbs Law Firm PA.
The COVID Eviction Moratorium Lawsuit is Florida Association of Realtors et al. v. Centers for Disease Control and Prevention et al., Case No. 8:21-cv-1196, in the U.S. District Court for the Middle District of Florida.
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9 thoughts onFlorida Realtors File Lawsuit to End National Eviction Moratorium
What can landlords do when the tenant had left the premises without paying months in rent and City of Sunrise water bill because of the evictium moratorium? The tenant sent the landlord the CDC declaration and stayed on the premises until the last day of the contract. Tenant did not apply to rental assistance and just took advantage of the evictium moratorium. It is so unfair. I am looking for more information and if there a class action lawsuit to look for compensation for small landlords that were affected for this order.
If everything is opened now and people are back to work (if they want a job there are jobs out there) why haven’t they lifted the eviction mort. I’m a senior citizen and have lost over $62,000 because of this Evict. Mort. I live in Illinois where the Governor has, also, put his evict. Mort. on landlords. Do you know a Class Action suit in Ill. This is totally unfair. Tenant is working and just hiding behind this unjust rule.
There is plenty of work to be had in the Tampa Bay area — and many nonpaying tenants are on social media bragging about how they are getting one over on landlords by not paying rent or utilities while using their enhanced unemployment benefits and stimulus payments to buy cars, expensive clothing, iPhones, and other pricey items. Abusive tenants have been living on their landlords’ backs for 15 months now. Time for the nonsense to end.
I’m a realtor in Tampa FL. This situation has disrupted the entire housing market. Some landlords are faced to sell their property to get the dead beat tenants out. This has gone too far. Employers cannot get people to work because they make more on unemployment. I have clients standing by waiting to put offers on foreclosed homes but it looks like Uncle Joe may extend this again.
Yes there’s no reason why these people can’t pay there rent. Most everyone got stimulas checks and if lay off got unemployment. Plenty of places hiring .
There should be federal funds allocated to “bail out” landlords who were the victims of deadbeats who hid behind the CDC just to not pay rent.
“Two weeks to flatten the curve”. Longest two weeks EVER! Yeah, I think the Flordia Association of Realtors has a case. Sadly, the lawyers make all the money and the landlords that are struggling and losing THEIR livelihood because the government is paying people not to work, will get peanuts from this.
I get it, and agree they should remove this eviction restriction however, this wasnt about the CDC. It was about those who lost work being homeless due to evictions.
By noe most of them should have gone back to work though
Add me please