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DeSantis Halts Evictions, Foreclosures for 45 Days

by DeVore Design, April 22, 2020

The eviction-foreclosure hiatus went into effect April 2 due to the COVID-19 pandemic. The executive order doesn’t otherwise change Fla. law or existing agreements.

On Thursday, April 2, Florida Gov. Ron DeSantis signed Executive Order 20-94 effectively halting evictions and foreclosures in the state for 45 days.

Under the Executive Order, DeSantis said he would “suspend and toll any statute” providing for “an eviction cause of action under Florida law solely as it relates to non-payment of rent by residential tenants due to the COVID-19 emergency.”

The language was similar for the 45-day foreclosure hiatus, saying it would “suspend and toll any statute providing for a mortgage foreclosure cause of action under Florida law for 45 days from the date of this Executive Order, including any extensions.”

While the order impacts evictions and foreclosures for 45 days, it does not change Florida law, nor does it relieve tenants or parties to a transaction from their obligations under existing contracts.

The order itself makes that clear, saying, “Nothing in this Executive Order shall be construed as relieving an individual from their obligation to make mortgage payments or rent payments.”

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