Landlord-Tenant Rights During the Pandemic: Eviction or Return to Property

During the pandemic, the relationship between landlords and tenants has been more complex than ever. Various legal and personal factors come into play, including the desire of a landlord to return to their property. This article explores the circumstances under which landlords can legally remove tenants, especially in the context of the pandemic, and how tenants can protect themselves during such times.

Evictions During the Pandemic

The eviction landscape has been significantly impacted by the pandemic, with courts adopting various methods to handle eviction cases. The situation is different across various jurisdictions, and this article will provide an overview of the general legal landscape, focusing on Florida as an example.

Florida's Eviction Situation

As of recent, eviction courts in Florida are operating with limited in-person presence, conducting hearings over the phone. Only a small percentage of evictions proceed to physical removal by law enforcement. The majority of eviction cases are related to lease violations or holding over past the lease expiration date, and tenants are still being charged double rent as allowed by state law, despite not proving job loss or reduced hours.

Focus on Tenants' Rights

Another critical aspect is how tenants are protected, especially during the pandemic. In many cases, local magistrates or courts are employing a simple approach: asking tenants if they will become homeless if evicted. If the answer is yes, the eviction is not pursued. This approach, however, does not align with the intent of the CDC's eviction moratorium.

Eviction Moratorium Overview

The primary legal restriction on evictions during the pandemic is the national "eviction moratorium" issued by the CDC. This order temporarily prohibits the filing of eviction actions for past due rent, minor breaches of lease provisions, or for "holding over" possession beyond the final vacate date of a no-fault termination or lease expiration notice. However, not all evictions are prohibited; those involving serious lease violations can still proceed.

Financial and Health Considerations

The CDC order is limited to tenants who meet certain qualifications involving specified income or health status issues. Additionally, states and localities may have additional restrictions in place to further protect tenants.

Unique Situation: Landlord's Desire to Return

There is a specific scenario where landlords can request that tenants vacate the property: when the landlord wants to move back into the rental unit. The CDC's eviction moratorium prohibits such evictions. Therefore, if a landlord wants to return to their property, they must find other legal means to achieve their goal, such as having the tenant voluntarily vacate or renegotiating the lease terms.

Personal Example: The Newborns' Condo

For instance, the author of this article had a similar experience. After getting married, they rented a condo under an informal agreement with the owner, who was friends with their husband. The owner eventually requested them to move out, stating a personal reason related to a disagreement with her brother. In this case, the lack of a formal lease agreement and the informal nature of the arrangement made it easier to terminate the tenancy, albeit through a voluntary move.

Legal Protections and Advice

It is essential for both tenants and landlords in such situations to have a clear understanding of their legal rights and responsibilities. Tenants should seek legal advice to ensure they are informed of their rights under the current eviction moratorium and any other applicable laws. Landlords similarly need to ensure they are following legal procedures to avoid violating the moratorium and facing legal consequences.

In conclusion, the pandemic has introduced new complexities into the landlord-tenant relationship, particularly regarding evictions and allowing landlords to return to their properties. Understanding the current legal framework and seeking professional advice can help both parties navigate these challenges effectively.