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Answered
Tax Deed sale with residents

If I purchase a Tax Deed Sale home in Florida ; do I have to go through the whole eviction process for them to vacate the property? what do you do?

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Posted 5 months ago
Votes Newest

Answers


There are two ways of doing this; let me give you the simplest. Sometimes, offering the occupants money to leave the property voluntarily (known as "cash for keys") can be a quicker and less costly solution than going through the formal eviction process. Offer them cash in exchange for leaving the property in good working condition, and additionally, if you want, offer to pay their moving costs, it depends on whether there is enough profit in the deal for you to do this; if you are keeping the property for yourself, then that is another decision in terms of value for money. I would also advise engaging your attorney to draft an agreement for the exchange. However, remember you are doing this to get a full vacation of the property quickly, so you don't need to make this a prolonged, drawn-out exercise.
However, absent getting this agreement. Florida law requires you to give the occupants formal notice (you can affix this notice to the door and take a photograph) to vacate the property from memory; I think it is seven days. If the occupants do not leave after receiving the notice. In that case, you must file an eviction lawsuit (unlawful detainer action because it's a Tax Deed sale) in the county court where the property is located. You'll need to serve the occupants with the eviction summons and complaint. After the lawsuit is filed, a court hearing will be scheduled. The occupants have a chance to respond, and if they contest the eviction, it will be heard by a judge. But Tax Deed evictions usually get fast-tracked but can still take up to three to six weeks. If the court rules in your favor (which they should), you will receive a judgment for possession. The court will then issue a Writ of Possession, which allows the sheriff to remove the occupants. The sheriff will post a 24-hour notice on the property, and after this period, they will physically remove the occupants if they haven't left voluntarily. Once you get possession of the property, change the locks and secure it immediately to prevent unauthorized re-entry. I would also undertake a Quiet Title Action, but that's for another time.**** (Tony PO Staff)****

  
  
Posted 5 months ago
  
  

thank you

Kimberly Moody   5 months ago Report

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