It’s the largest group of Realtors in Florida and the third such group to sue the CDC in the last few months. The suit challenges the CDC’s eviction ban and the “draconian penalties” it imposes, as well as the application of CDC’s authority in general. The lawsuit also alleges the CDC’s ban took action to protect tenants — but took none to protect landlords, many of whom are also struggling due to the pandemic.
“The CDC’s order does not relieve landlords from their obligations to pay property taxes, make their own mortgage payments on rental properties, or provide maintenance and upkeep necessary to comply with applicable laws or regulations,”
The consequences of violating the CDC’s Eviction Moratorium can be severe. The Eviction Moratorium imposes criminal penalties on landlords who violate it. Individuals face a maximum fine of $100,000, one year incarceration, or both; companies face a maximum fine of $200,000 per eviction. If the eviction results in a death, the maximum fine increases to $250,000 and $500,000, respectively.
Though no court date has yet been set, the case will likely move fast, as the CDC’s ban is set to expire on June 30.