Legal Question in Landlord & Tenant Law in Florida
Tenant Eviction
Can the move for reconsideration only be put in after the judgement in an eviction case and with the move for recondieration I will be putting in a petition for stay of eviction pending appeal- but if writ of possession is obtained in 24 hours, how can I be sure that there will be sufficient time stay the eviction?
1 Answer from Attorneys
Re: Tenant Eviction
You can file it as an emergency motion for stay pending appeal. The judge will likely rule on the emergency motion the same day or the next day as you file it. You should file the emergency motion first thing in the morning. Beware that the judge may make you post a bond for the rent pending appeal or the judge may have you pay the rent by a certain day each month and, if you don't, the landlord can file an affidavit which causes the writ to be reissued immediately.
Of course, the judge may deny your emergency motion, in which case you're out.
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