If you have filed for bankruptcy in Florida, there is an automatic stay that will protect you from eviction unless the landlord has acquired a judgment of possession before you have filed for bankruptcy.
Judgment of possession and stay on eviction
The judgment of possession is a final court order in the eviction proceeding. Or if the landlord has filed a motion with the court claiming that the tenant has caused damage to the property or has used illegal drugs on the property within the last month. In case the tenant has failed to pay the lease installments that are due after filing for bankruptcy, the landlord can get this stay lifted. If the tenant fails to clear the due rent before filing the landlord can get the stay lifted.
Chapter 7 and eviction
If you are on time about paying the rent, you can keep on using the lease. However, you will have to keep on paying the rent on time. In case you are behind the schedule on paying rent, you will have to pay post-petition rent on time. You are also required to catch up on the past rent within a couple of months. You will get 60 days after filing for bankruptcy to formally reject or accept the lease. If you fail to accept the lease within this period your landlord can proceed with the eviction.
Chapter 13 and eviction
When you have filed for chapter 13 and if you are regular in paying rent, you will not be evicted so long as you are paying the rent in time and do not violate any other terms of your lease. You can pay the ongoing rent out of the payment plan for avoiding any penalties from the trustees. In case you are behind on the payment of rent, you have to include the past rent that is due together with the ongoing rent in your payment plan. In any case, there is no need to reject or accept the lease until the payment plan is in place. In the case of chapter 13, you will be able to continue the lease beyond the term if you are paying the rent on time.
Keep in mind that a judgment of possession is a final court order for any eviction proceedings. If this order is signed by the judge, it means the tenant can be officially evicted and the landlord can take legal possession of the property. It also extinguishes all the legal rights of the tenant in the lease. If you are looking for professional help in your bankruptcy proceeding in Lakeland, Port Richey, Clearwater, and Tampa areas, contact Weller Legal Group for experienced and expert advice.
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