Introduction
Few situations are as stressful for landlords as discovering that a tenant has filed for bankruptcy. Rent stops coming in, the eviction process freezes, and the legal system suddenly becomes more complicated.
But bankruptcy does not mean you have to lose your rental property or become stuck with a non-paying tenant forever.
This guide explains in simple terms:
- What happens when a tenant files bankruptcy
- When You Can Still Evict
- File a Motion for Relief From Automatic Stay.
- How to legally regain possession of your property
For fast, professional eviction support, visit Pronto Evictions
Here’s a simplified guide to how Florida landlords can protect their property and move forward legally.
1. What Happens Immediately: The Automatic Stay
As soon as your tenant files for bankruptcy, a federal rule called the automatic stay goes into effect.
The automatic stay stops landlords from:
- Filing a new eviction case
- Continuing an existing eviction case
- Sending rent-demand notices
- Turning off utilities or locking out a tenant
- Attempting to collect unpaid rent
The stay is powerful and enforced by federal bankruptcy courts. Violating it can lead to legal penalties.
Mistakes can lead to penalties — which is why many landlords consult services like Pronto Evictions for guidance.
2. When You Can Still Evict
There are two major exceptions where the automatic stay does not stop eviction.
Exception 1: You Already Have a Judgment of Possession
If the state court already issued an eviction judgment before the bankruptcy was filed, you may continue with the eviction in many states.
Exception 2: Illegal Drugs or Danger to Property
Eviction can continue if the tenant:
- Uses illegal drugs in the property
- Damages the property
- Threatens the safety of others
You must file a certification in bankruptcy court explaining the situation.
3. File a Motion for Relief From Automatic Stay
If no exceptions apply, landlords must file a Motion for Relief From Stay in federal bankruptcy court. Once approved, the eviction may resume in state court.If none of the exceptions apply, the landlord must file a:
Motion for Relief From the Automatic Stay
This motion, filed in federal bankruptcy court, asks the judge to allow your eviction to continue.
Reasons a judge may grant the motion:
- Tenant is not paying rent
- The lease expired
- Property is at financial risk
- Tenant cannot or will not cure the default
After the motion is approved, you may continue the eviction in state landlord-tenant court.
If you want professionals to handle this, you can get support at Pronto Evictions
4. Steps to Regain Possession
- Step 1: Stop all eviction actions immediately
- Step 2: Check if you qualify for bankruptcy exceptions
- Step 3: File a Motion for Relief From Automatic Stay
- Step 4: Wait for approval from the bankruptcy judge
- Step 5: Return to state court and continue eviction
- Step 6: Obtain a possession judgment
- Step 7: Schedule a sheriff lockout
- Step 8: Secure the property
Conclusion
Bankruptcy complicates eviction, but it doesn’t stop landlords from reclaiming their property. With the right legal steps — or help from services like Pronto Evictions — you can move forward efficiently and legally.
Ready to remove a non-paying tenant — even if they filed bankruptcy? Get fast, affordable eviction support now at Pronto Evictions
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