How should I lease during an eviction moratorium?

Question

I just purchased my first two SFH in a B-C class area. One is a BRRRR (currently in rehab), other traditional (ready to rent). Would you have the new tenant sign a 12 month lease right now, or start off month-to-month?

I live in Florida:

"If a tenant does not pay rent in Florida, then a landlord can evict the tenant from the rental unit. A tenant will have three days after receiving the eviction notice to either pay the rent or leave the property"

Kevin S. · Answer

@Nancy Stark I'm not a lawyer and this isn't legal advice, but the eviction moratorium is only for non-payment of rent, and the tenant has to prove they were unable to pay due to substantial loss of household income, loss of compensable hours of work or wages, a lay-off, or extraordinary out-of-pocket medical expenses. They also have to prove they used best efforts to obtain all available government assistance for rent or housing. They have to apply for non-eviction Under Oath, which means if they lie they purger themselves, with all the legal implications that entails. They still have to pay rent owed at some point, even in the event that they do get the eviction stayed. Additionally, you can evict them for violations of other terms of the lease, just not non-payment.

All of this points to making sure your screening process is tough, so that you get good solid renters in place who won't need/want go through all of this. I would still continue to do 12-month leases, especially if that is the norm in your area but that's just my own personal opinion. Also, here's the link to the CDC language if you want to read the Agency Order

https://s3.amazonaws.com/publi...

Zachary Ray · Answer

The goal is to get them in a long term lease so you can rent and maintain. With everything going on a month to month would be great to get them out if a problem arises but downfall is turnover could happen quickly without an early termination penalty.