Stopping a Florida Eviction
Governor DeSantis has extended the moratorium on evictions for the fifth straight month. The moratorium only protects those who are being evicted due to non-payment of rent if the COVID-19 pandemic is the cause. The most recent extension will last all of September; however, evictions can start back up again on October 1, 2020.
At Nowack & Olson, we meet with many clients who are worried they will be evicted, often because they have failed to pay their rent. The recent economic collapse has affected all of us, but some cannot afford to keep a roof over their head. When the moratorium expires, they are afraid they will end out on the street.
Helpfully, we can typically stop an eviction in its tracks by filing for bankruptcy protection. Our Plantation bankruptcy attorney explains more.
The Automatic Stay
When a person files for bankruptcy protection, the automatic stay cuts off any creditor actions, including evictions. This means that your landlord cannot have you evicted until the bankruptcy is completed or until a judge agrees to lift the stay.
The length of the stay depends on the bankruptcy you file. If you file Chapter 7, then it might stay in effect for only a few months. Of course, a landlord can request that a judge lift the stay, so they might not wait that long. Generally, Florida judges regularly agree to a landlord’s request, which allows the eviction to start up after a few weeks.
For this reason, it makes more sense to say that we can “delay” an eviction, but we cannot stop it. Nevertheless, you might only need a few weeks to pull together money to pay any rent that you owe and get current. Look at your eviction notice to see if your landlord will allow you to continue with the lease if you pay what you owe.
It is vital to file for bankruptcy before your landlord has a judgment for possession. If they already have that, then the bankruptcy will not help you. Please contact an attorney for more information as soon as possible.
Eliminating Unpaid Rent
What happens if you know you don’t want to continue to rent? If so, the filing for bankruptcy has another added benefit—you can eliminate unpaid rent in a Chapter 7.
Unpaid rent is a type of unsecured debt, which a Chapter 7 bankruptcy can quickly clear. This bankruptcy is a good option if you know you will eventually leave your apartment but just need a little more time to find another place. You can break your lease and walk away without owing anything.
Are You Facing Eviction? Contact Us Now
These are turbulent times, and no one should fear that they will become homeless because they have lost their job. Fortunately, the automatic stay could be just what you need. Please contact us today. Our lawyers can help you decide whether filing for bankruptcy is the right choice for you.
You can schedule a free consultation with the Plantation bankruptcy attorneys at Nowack & Olson, PLLC by calling us or submitting your personal details.