State Specific Question About: FLORIDA (FL)

I bought an occupied property from the bank and then went through the eviction. After I got the writ of possession, the

occupant( i have never signed a lease with him and have never received a single penny from him)filed the motion to stay writ of possession pending appeal, can I have him removed from the property during his appeal? if he claims bankruptcy, am I just supposed to let him live in my property for free? Your help is greatly appreciated.

If you got the rit of possion, you should be able to get the sheriff to do the rit. Or did your tenant file a stay with the court. If they did they will have to put monies due with the clerk of the court before the judge will hear the case. If the money is not with the clerk of the court by the date you meet with judge you can have the judge issue the rit of possion.

Without knowing anything at all about FL, I think that I can say that this situation is more complicated than you understand. There are several legal issues, here, and I would suggest that you get a lawyer to handle it for you.

You have a writ of possession, but the tenant has appealed that decision, and the court granted a stay pending the appeal.

You would have to fight the stay on its own grounds, that is, you would have to make a compelling argument that the stay should be lifted and the tenant evicted pending the appeal. In matters where the property is the tenant's home, that is hard to do. You might try asking the court to require him to deposit the value of rent with the court while the appeal is pending.

If he files for bankruptcy, you will have to fight the matter of possession through the bankruptcy court. An attorney may be able to get tenant's possession of the property removed from the bankruptcy. Otherwise, you would have to wait until the bankruptcy is final.

You cannot give them a lease without beginning another tenancy which gives him the right to remain in the premises.