Legal Question in Bankruptcy in Florida

Eviction during chapter 7

I have just been notified that my tenant who is 2 months behind has filed chapter 7, with the hearing the end of this month. I have been planning on selling the house when his lease expired, which it just did. Can I evict him? and if so and I post a 3-day notice do I request just current rent due...or back rent also?

thank you

Asked on 3/02/02, 7:03 pm

1 Answer from Attorneys

Joel Cohen Joel M. Cohen,P.A.

Re: Eviction during chapter 7

The filing of a chapter 7 gives your tenant complete freedom from collection and any action you may bring for posession. Have your attorney file a motion with the bankruptcy court to modify the automatic stay. Of course, if the tenant has not filed, he/she may be bluffing. Check with the clerk of bankruptcy court before you take action

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Answered on 3/02/02, 8:46 pm

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