How long after the actual sheriff’s sale do I have to vacate my home?

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How long after the actual sheriff’s sale do I have to vacate my home?

I have heard of people allegedly locked out of their property the day of the sale, but I have also heard that I am supposed to have 10 days until the buyer (or bank) gets the new deed and therefore rights of possession; then they have to file a 3 day notice, and then the new owner can come with the Sheriff and change the locks. I have a place to move to, but it’s not available until 5 days after the sheriff’s sale. I’m not trying to pull a scam or buy time, I just don’t want to lose all of my possessions.

Asked on June 21, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Typically in the situation of a sheriff's sale of real property, the former owner has five (5) days or so to move out based upon custom and practice in such an area of the law. However, there is no set timetable per se. Rather, the new owner of the property typically requests the former owner to move out in a set time period and if that is not accomplished, then an eviction proceeding is then filed in the superior court of the county where the property is located.

I suggest that if your home has just been sold at a sheriff's sale that you begin packing your belongings for the move out.


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