[RPPTL LandTen] Reinstating Tenancy after Judgment

[Leonard Cabral]

HI Dennis:
I believe the only time that would happen if the judgment for possession was entered in violation of the automatic stay in the bankruptcy.  Other than that I do not recall any.  Of course, before eviction you can raise equitable arguments to keep a tenant from being evicted.
Leonard P. Cabral, Esq.
leonardcabral at lenslaw.com



From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Dennis Chen
Sent: Friday, December 16, 2016 2:17 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject: [RPPTL LandTen] Reinstating Tenancy after Judgment

Is there a law that provides the tenant with the right to reinstate their tenancy after judgment for possession is entered?


Dennis A. Chen, Esq.
Chen Law Firm, PA
213 S. Dillard St, Ste. 220E
Winter Garden, Florida 34787
Tel:   (407) 392-1872
dennis at chenlaw.net<mailto:dennis at chenlaw.net>

Civil Litigation * Landlord/Tenant * Personal Injury * Real Estate Litigation
CONFIDENTIALITY NOTICE: This e-mail, including any attachment, contains legally privileged and confidential information and is intended solely for the recipient. Should the intended recipient forward this message to any person or entity, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, you are hereby notified that any review, dissemination, distribution, or copying of this communication is prohibited. If this communication was sent or received in error, please notify us by reply e-mail and delete the original message.

On Thu, Dec 15, 2016 at 11:28 AM, Dennis Chen <dennis at chenlaw.net<mailto:dennis at chenlaw.net>> wrote:
Residential Property.

I represent the LL in bankruptcy court after an eviction judgment was entered. LL attorney obtained judgment for possession and two days later the tenant filed Chapter 13 bankruptcy.  The tenant filed forms 101A & 101B with the bankruptcy petition.
Form 101A provides the following certification by the tenant.
**********************************************
I certify under penalty of perjury that:
1. Under the state or other nonbankruptcy law that applies to the judgment for possession (eviction judgment), I have the right to stay in my residence by paying my landlord the entire delinquent amount .
2. I have given the bankruptcy court clerk a deposit for the rent that would be due during the 30 days after I file the Voluntary Petition for Individual Filing for Bankruptcy (Official Form 101).
**********************************************
Question:  Regarding number 1, I am not aware of any nonbankruptcy law in Florida that allows a resident to remain in the residence after judgment is entered.  Is anyone aware of a law that allows the tenant to stay in the property?  The Mobile Home Act has such a provision, but not chapter 83.

Question:  In number 2, my understanding is that the entire rent due for 1 month has to be paid to the clerk at the time that the petition for bankruptcy is filed.  Anyone interpret that differently?  Tenant deposited $20 with clerk and then three weeks later sent a full rent check to the property manager $1,000.


Dennis A. Chen, Esq.
Chen Law Firm, PA
213 S. Dillard St, Ste. 220E
Winter Garden, Florida 34787
Tel:   (407) 392-1872<tel:(407)%20392-1872>
dennis at chenlaw.net<mailto:dennis at chenlaw.net>

Civil Litigation * Landlord/Tenant * Personal Injury * Real Estate Litigation
CONFIDENTIALITY NOTICE: This e-mail, including any attachment, contains legally privileged and confidential information and is intended solely for the recipient. Should the intended recipient forward this message to any person or entity, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, you are hereby notified that any review, dissemination, distribution, or copying of this communication is prohibited. If this communication was sent or received in error, please notify us by reply e-mail and delete the original message.


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