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News & Knowledge

Miami-Dade County Will Not Enforce Evictions During COVID-19 Emergency

March 16, 2020

By: James Walson, Adam Lewis & Ferran Arimon

The Miami-Dade Police Department announced that it would not enforce Writs of Possession during the current state of emergency in Miami-Dade County due to Coronavirus Disease 2019 (COVID-19). 


Miami-Dade Tweet

A Writ of Possession is the final document issued following an eviction judgment and is necessary to regain possession in an eviction action. Self-help is not allowed in Florida. As a result, there is functionally no eviction enforcement procedure in Miami-Dade County for the immediate future. The Miami-Dade Police Department did not differentiate between commercial and residential evictions in the announcement. 

As of this writing, other counties have yet to follow-suit; however, more are likely to follow. We will continue to monitor the positions other counties are adopting. Despite an inability to serve a Writ of Possession in Miami-Dade County, Landlords may continue to prosecute evictions up to the point of the Writ of Possession. With this uncertainty, Landlords should turn to voluntary workouts with their tenants in counties where evictions are not being enforced.For up-to-date news please follow our Coronavirus (COVID-19) Response Team page.

For up-to-date news please follow our Coronavirus (COVID-19) Response Team page.


This article is informational only. You should consult an attorney before acting or failing to act. The law may change rapidly and no warranty is given. LOWNDES DISCLAIMS ALL IMPLIED WARRANTIES AND WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ALL ARTICLES ARE PROVIDED AS IS AND WITH ALL FAULTS. Consult a Lowndes attorney if you wish to establish an attorney/client relationship.
James

James Walson represents title insurance companies, commercial landlords, property owners, buyers and lenders throughout Florida – in both transactional and litigation real estate matters. 


James Walson’s passion for advocacy began at an early age through watching his father, Pete, serve as a City Commissioner in Stuart, Florida and continued through high school and college as an award-winning debater. Today, Jamie, as he is called by clients and friends, is a real estate lawyer representing title insurance companies, commercial landlords, property owners, buyers and lenders throughout Florida – in both transactional and litigation matters. He has negotiated commercial leases, purchase and sale agreements for retail space, office buildings and medical offices.

Many clients turn to Jamie for his real property litigation experience as well. He has litigated matters involving contracts, title insurance liability, commercial landlord / tenant matters, easements, fraud, deed warranties, boundary disputes, adverse possession, lien priority and access rights. In addition, he has conducted appeals before the Second District Court of Appeal and the Fifth District Court of Appeal.

A fan of – and participant in – improvisational theater, Jamie counts on his humor in navigating difficult negotiations and litigation.  He is an avid golfer, is on the board of the First Tee of Central Florida, and is a father to three boys.

Adam

Adam Lewis focuses his legal practice on real estate development, commercial litigation, finance and transactions, condominiums, commercial leasing, commercial lending, and title insurance.


Specifically, Adam is responsible for contract and lease negotiation and drafting, real estate acquisitions and dispositions, negotiation and structuring of credit facilities and review of title insurance matters. He represents clients in the acquisition, financing, development and disposition of retail centers, hotels, golf courses and other resort related developments, industrial properties, office buildings, restaurants, retirement communities, shopping centers and vacant land.

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