How Florida Landlords Can Address Eviction Moratoriums for Commercial Tenants During the Pandemic

The pandemic is having a major impact on business finances and the greater economy. With many businesses operating with reduced hours or closing indefinitely, many commercial real estate tenants are already feeling financial strain. As a result, many tenants may not pay their rent on time. Landlords need cash flow to pay employees and vendors and to keep operating and maintaining the property. At the same time, landlords must navigate local, state and federal restrictions on traditional enforcement mechanism available to address nonpayment of rent under their lease and Florida law.

At the time of this writing, there is no federal restriction on evictions. Florida’s governor issued an executive order suspending and tolling residential evictions for nonpayment until May 18. The executive order does not apply to commercial evictions. However, on March 16, the Miami-Dade Police Department suspended the enforcement of all writs of possession until further notice, and on March 18, the Florida Supreme Court followed suit and suspended the issuance of writs of possession throughout the state until April 17, which was later extended to May 29. Without being able to obtain or enforce writes of possession, landlords cannot legally repossess their property. Because this is a fluid situation, there is no way to know if these restrictions will be extended for a longer duration of time. Accordingly, landlords must monitor temporary changes in policies enacted at all levels of government in response to the pandemic.