The Honorable Bertila Soto, Chief Judge of the Miami-Dade Courts, has issued Administrative Order (AO) 20-10 establishing procedures for the filing of residential eviction cases under the federal Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”).
Under the CARES Act, a moratorium is in effect during the 120-day period beginning on March 27, 2020 where the landlord of a property “may not make, or cause to be made, any filing with the court of jurisdiction to initiate a legal action to recover possession of the covered dwelling from the tenant for nonpayment of rent or other fees or charges.” The moratorium applies to rented properties with federal subsidies or where the landlord holds a federally backed mortgage on the property (FHA, VA, USDA, Fannie Mae, or Freddie Mac), including mortgages later purchased or secured by those federal agencies.
Under AO 20-10, plaintiffs in residential eviction cases filed on or after March 27, 2020 for non-payment of rent or other fees or charges must file a declaration under penalty of perjury that the property where eviction is being sought is not a covered dwelling under Section 4024 of the CARES Act.
AO 20-10 contains additional information, as well as a sample declaration, and should be reviewed carefully by landlords seeking to file residential eviction actions in the Miami-Dade Courts.
The full text of AO 20-10 may be downloaded below.
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