The Effect of a Final Judgment of Eviction

If an Eviction is not settled, a Final Hearing takes place. As a result, the Court renders a decision.  The Effect of a Final Judgment of Eviction in Florida impacts Landlords and Tenants.  Therefore, if you have questions about the Eviction Process, contact the Law Office of Brian P. Kowal, PA.

The Effect of a Final Judgment of Eviction on Landlords

A Landlord’s objective is to obtain a Judgment.  Once it is entered, the Clerk executes a Writ of Possession.  After it is signed, it is sent to the Sherriff.  As a result, they post a 24 hour notice on the Door.  If they do not vacate, the Sheriff will secure the property and remove their belongings.

It is likely that they lost a great deal of rental income during the Eviction.  If the Tenant failed to pay rent before the Process began, they usually do not pay during the case.   Therefore, after they vacate, they can rent to a new Tenant.

How is a Tenant Affected?

Unfortunately, the Effect of a Final Judgment of Eviction can be drastic.   Not only will they be removed, it also means that it will be on their credit for 7 years.  This can have drastic effects because it affects their ability to find a place to live.  If a Landlord runs a search and discovers an eviction, they will be less likely to rent to them. Therefore, if they are being evicted and are unable to pay in full, they should work out an agreement.

Can a Tenant prevent a Final Judgment of Eviction?

They certainly can.  For example, if they settle or are victorious in the case, the Judgment will not be entered.   Further, if a Landlord obtains a Judgment but did not inform the Court that they were current with rent, they can file a Motion to Stay the Writ of Possession.  If it is granted, they can remain in the property until a hearing takes place.  It is important that they pay during the 3 Day Notice period to avoid a Judgment.

If you have questions about the Effect of a Final Judgment of Eviction in Florida, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.