While there is no timeline for the Eviction Process, we know that if a Final Judgment of Eviction has been entered, a Tenant likely has a week before a Writ of Possession is executed by the Sherriff. However, it does not mean that the Tenant cannot fight a Final Judgment of Eviction. If you are a Tenant that has received a Final Judgment of Eviction, contact our office today.
Can a Tenant fight a Final Judgment of Eviction?
A Tenant has 5 days to respond to an Eviction. If the Court determines that their response was not sufficient, a Final Judgment will be entered. However, it does not mean they cannot try and negotiate to stay in the property. If a Landlord agrees to allow the Tenant to become current with the rent and pay the fees associated with the Eviction, then the Landlord will vacate the Final Judgment and dismiss the Eviction. As a result, the Tenant will be able to stay in the property.
While It Is Difficult To Vacate A Final Judgment Of Eviction, A Tenant Has The Right To Contest It.
1. Tenant was not living in the property.
A Landlord files an Eviction to remove a Tenant that has not paid rent. However, it can only be filed if the Tenant is living in the property. If a Court determines that the Tenant was not living in the property, the Final Judgment of Eviction will likely be vacated.
2. The Tenant was current with their Rent.
Florida Rules of Civil Procedure allows a Default or Final Default Final Judgment for fraud or misrepresentation. If the Landlord misrepresented to the Court that the Tenant was not current, the Final Judgment of Eviction will likely be vacated. However, it is important to raise this defense when a Tenant is served.
If a Final Judgment of Eviction has been entered against you, contact 954 Eviction Attorneys, PLLC today at 954.323.2529.