How can I answer a final judgment for eviction?

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How can I answer a final judgment for eviction?

Asked on August 31, 2015 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If there is a final judgment for eviction, there really isn't much you can do. You can try to appeal the judgment, but that actually doesn't help in 99% of cases, because the appeal does not stay, or stop/delay, the eviction--i.e.you could "win" the appeal months after being put out. 
You can also file a Motion to Stay the Writ of Possession, but if the eviction is proper--that is, you have been evicted for good reason--this will typically only get you a temporary few days stay or delay. Only if you can show that the eviction was improper not just unfair, or not just because you had some regretable problem in your life which led to the eviction, but actually based on incorrect facts or procedurally wrong will this motion generally result in overturning the eviction. If the eviction was for non-payment, you would typically have to post or deposit the rent you owe, or at least most of it, into court when you make the motion, to show the court that you have it. 
You should be able to find instructions and forms from your court, either online or in person.


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