"Our clients were able to file paperwork, but they can't achieve any meaningful remedy while this eviction moratorium is going on," said attorney Caleb Kruckenberg. "If they use state court systems to affect a lawful eviction under state law, that is a federal crime under the CDC eviction order."

"This seems to be a case of the first impression in South Florida that will likely be relied upon by other jurists as litigation regarding force majeure provisions move through the court system," said an attorney for the landlord in this case.

There is only $15.4 billion in non-performing loans on the books with another $2.1 billion in foreclosed properties.

"The question we are asking: What is the highest and best use for the property?"