As of the date of this article, the CARES Act is still in effect for “covered dwelling” units, although there is a bill that has been introduced in the House of Representatives to repeal the 30 day notice requirement as discussed in this article.
Until the statutory provision is repealed, property managers must abide by the statutory requirement. This article provides important guidance for handling notices to tenants in covered dwelling units under the CARES Act in compliance with federal and Florida law.
1. Definition of Covered Dwelling Units
A “covered dwelling unit” under the CARES Act is defined as a rental property that:
- Participates in a federal assistance program or
- Is secured by a federally backed mortgage loan.
If you are uncertain whether a dwelling falls under this category, review your property’s loan and subsidy documentation or consult with your corporate headquarters to confirm.
2. Procedure for Issuing Notices
Step 1: Serve a 3-Day Notice to Pay Rent
- Pursuant to Florida Statute 83.56(3), if a tenant is in default of rent payment, you must first deliver a 3-day notice demanding payment of rent or possession of the premises. See our article on preparing a 3-Day Notice to Pay.
- Ensure the notice clearly states the total amount owed and provides the tenant 3 days (excluding weekends and legal holidays) to comply. See our article on calculating the 3 day notice period.
Step 2: Serve a 30-Day Notice Under the CARES Act
- If the tenant does not vacate or pay rent after the expiration of the 3-day notice period, deliver a separate 30-day notice to vacate in compliance with the CARES Act. See our article on additional CARES Act notice requirements as decided by Florida courts.
- This federal requirement overrides state laws regarding eviction timelines for covered properties under the CARES Act.
- The 30-day notice to vacate must clearly state that the tenant has 30 days to vacate the premises. The notice cannot require the tenant to vacate before the end of the 30-day period.
3. Delivery of Notices
All notices should be served in accordance with Florida Statute 83.56(4). Deliver the notice by:
- Personal delivery to the tenant,
- Posting the notice in a conspicuous location at the dwelling if the tenant is unavailable,
- Mailing or delivering a copy to the tenant, or
- Based on the Harari v. Whitford, 2006AP000054 (Palm Beach County, May 25, 2007) decision, email to the tenant’s email address but ONLY IF your lease provides for such notice delivery or there has been a customary practice of delivering notices and/or communications by email. See our article on emailing notice.
4. Additional Considerations
- Maintain detailed records of all notices delivered, including dates, methods of service, and copies of the notices.
- Be prepared to provide evidence of compliance with both state and federal requirements should legal proceedings arise.
5. Seek Legal Advice if Needed
If you have questions about a specific property or tenant situation, consult with legal counsel to ensure compliance with applicable laws. Adherence to these procedures protects you from potential legal issues in an eviction action and other legal repercussions for violating the CARES Act.
Sample 30-Day Notice to Vacate (CARES Act)
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