Purchasing a property at a foreclosure or tax deed auction in Florida can be an excellent investment opportunity, but dealing with existing occupants often presents challenges. Understanding your rights and the legal procedures to remove occupants is essential to taking possession of the property smoothly and efficiently. Removing tenants after foreclosure auction can seem daunting, but it doesn’t have to be.

Understanding Auction Purchase Scenarios in Florida

Purchasing at auctions in Florida involves two primary scenarios, each with different legal implications regarding occupancy.

Foreclosure Auctions in Florida Explained

The property was foreclosed due to unpaid mortgage debt. The buyer at auction takes ownership subject to any remaining legal matters concerning occupancy. In Florida, these sales are conducted through the county clerk’s office, and the highest bidder receives a Certificate of Title after the redemption period (if any) expires.

Tax Deed Auctions in Florida Explained

The property was auctioned due to unpaid property taxes. In Florida, tax deed sales are conducted through the county tax collector’s office. The highest bidder receives a Tax Deed, which generally extinguishes most prior liens, except for municipal or federal liens.

When you buy a foreclosure property in Florida, you will get a certificate of title to that property that the clerk of courts issues. If there’s people in the property—and you don’t know who they are, the people could be the former owners, perhaps they could be tenants, or even family of the former owners or tenants. You want to knock on the door, explore and have a dialogue with them, and see who they are and their plan.

Determining the Status of the Occupants

Before taking any legal action, you need to determine the status of the current occupants. This will dictate which legal procedure to follow for removal.

Occupants generally fall into one of the following categories:

Tenants with Existing Leases

The new owner must honor a valid lease until it expires, as required under Florida Statute 83.5615 and the Protecting Tenants at Foreclosure Act (PTFA). However, suppose the new owner intends to occupy the property as their primary residence. In that case, they may terminate the lease early by providing a 90-day notice to the tenant before initiating eviction proceedings.

Month-to-Month Tenants

If they are bona fide tenants, they must receive a 90-day notice to vacate. For tax deed properties, month-to-month tenants receive a 30-day termination notice, after which the owner may file for eviction.

Former Foreclosed Property Owners

Former owners who remain in the property after the auction must be removed through a motion for writ of possession (foreclosure properties) or an unlawful detainer lawsuit (tax deed properties).

Squatters and Unauthorized Occupants

The same legal procedure for former owners applies to squatters, requiring either a writ of possession or unlawful detainer.

Unlawful detainers, described under Chapter 82 of Florida statutes, are specifically designed to address squatters and unwanted guests in properties. There are three key elements required for bringing an unlawful detainer case:

1. The person filing the case must have a legal right to possess the property.
2. The occupant has been asked to leave.
3. The occupant has refused to vacate the property.

Steps to Remove Occupants in A Foreclosure Auction

1. Confirm Ownership and Obtain Proper Documentation

After winning the auction, ensure the sale has been confirmed, and obtain the Certificate of Title. This document is your proof of ownership and will be necessary for any legal proceedings.

2. Communicate with the Occupants

The best-case scenario is that the occupants leave voluntarily. A cash-for-keys agreement may be a feasible option.

Maybe they plan to move out in a very short timeframe. Perhaps it’s not. Maybe they don’t want to talk to you. Maybe they know what’s coming, so you’re unable to have a dialogue with them.

If a dialogue isn’t possible, move to the next step.

3. File a Motion for Writ of Possession (If Necessary)

If occupants refuse to leave, the next step is to file a motion for issuance of a writ of possession in the foreclosure court. The process includes:

1. Reopening the Foreclosure Case – The case must be reopened to obtain the writ.
2. Filing the Motion – The motion formally requests the court’s authorization for removal.
3. Serving a Copy of the Motion – The former owners and any unknown occupants receive notice.
4. Judicial Review – The judge may grant the order or set a hearing.
5. Issuance of Writ of Possession – If granted, the sheriff enforces removal.

This process can take 3-7 weeks, depending on whether a hearing is required.

When purchasing a foreclosure property in Florida, occupants sometimes remain in the property even after the buyer receives the certificate of title. In many cases, the new owner may not know the identity of these occupants or may find it difficult to communicate effectively with them. At this point, many buyers would then hire us as a law firm to evict the tenants. Our first step is typically to send the occupants a formal notice to vacate.

4. Cash for Keys: An Alternative Approach

Many investors find that offering a financial incentive to occupants to vacate the property voluntarily (known as “cash for keys”) can be more cost-effective than a lengthy legal process.

The “cash for keys” strategy is an unconventional but effective tool for landlords dealing with challenging tenants. Instead of engaging in a lengthy and expensive eviction process, landlords may find it more cost-effective to offer tenants a financial incentive to vacate the property voluntarily.

Consider offering:

• Full or partial moving expenses
• Full or partial security deposit for their next residence
• A flat cash payment

Have the occupant sign an agreement stating they will vacate by a specific date in exchange for payment, which should only be provided after they have completely vacated and returned the keys.

Steps to Remove Occupants in A Tax Deed Auction

Like foreclosure purchases, the new owner must honor the existing lease until it expires.

1. Handling Tenants with Valid Leases

The new owner must honor the existing lease until it expires, similar to foreclosure purchases.

2. Month-to-Month Tenants in Tax Deed Situations

The new owner must serve a 30-day notice of termination. If the tenant does not leave, the owner must file an eviction in court.

3. Evicting Former Owners and Unauthorized Occupants

If the former owner or an unauthorized occupant remains in the property, the new owner must file an unlawful detainer lawsuit:

• Unlawful detainers apply when an occupant stays without a lease or rental agreement.
• This process cannot be used for tenants who have paid rent or had a lease.
• The owner must obtain the names of the occupants, which can be done by speaking with them, checking mail (without opening it), or contacting law enforcement for a trespassing report.
• A notice is sent via first-class and certified mail, giving the occupant 5 business days to vacate.
• If they do not leave, the owner can file a complaint for unlawful detainer, which typically takes 5-7 weeks from the date of filing.

Avoiding Eviction Delays After Winning a Foreclosure Auction

Winning a foreclosure auction is just the beginning—getting legal possession of the property can sometimes take longer than expected. Many new investors underestimate how long it will take to remove occupants and what steps they can take to avoid costly delays.

Why Improper Notice Can Delay Your Eviction Case

One of the biggest causes of eviction delays is improper notice. Many investors assume they can immediately file for removal, but Florida law requires specific notice periods depending on whether the occupant is a former owner, tenant, or squatter. Failing to serve proper notice can result in the case being dismissed, forcing the buyer to start the process over from the beginning.

How Bankruptcy Filings Can Stall the Eviction Process

Bankruptcy filings are another common stall tactic. If an occupant files for bankruptcy, an automatic stay temporarily halts eviction proceedings. The new owner must petition the court to lift the stay, which can add several weeks to the process. Acting quickly by consulting an attorney as soon as a bankruptcy notice is received can significantly reduce delays. 

Why Private Process Servers Are Faster Than the Sheriff

Hiring a process server instead of relying on the sheriff to serve legal documents can also speed things up. The sheriff’s office often has a backlog, while private process servers can serve documents much faster, helping the new owner file their motion for removal without unnecessary delays.

By understanding these common obstacles and taking proactive steps, foreclosure buyers can minimize eviction delays and take possession of their property as quickly and efficiently as possible.

Special Considerations in Extreme or Difficult Occupancy Situations

In certain instances, buyers at foreclosure or tax deed auctions encounter extreme situations that complicate tenant removal.

Dealing with Fraudulent Leases or Occupant Claims

Occupants sometimes present fraudulent leases or falsified documentation to remain in properties after auctions. In these scenarios, it is crucial for new property owners to meticulously verify any lease agreements or claims of tenancy presented by occupants. Seeking legal counsel promptly can significantly reduce the duration and expense of addressing fraudulent claims, ensuring a faster path to lawful possession.

Addressing Hostile or Non-responsive Occupants

Encountering hostile or non-responsive occupants can escalate eviction challenges significantly. Initial efforts should focus on maintaining safety and attempting to communicate calmly. If occupants refuse to engage or display aggression, involving local law enforcement becomes essential. Additionally, legal intervention with formal notices and expedited court hearings can rapidly resolve the issue, ensuring personal safety and property rights protection.

Removing Occupants Engaged in Criminal Activity

Occupants engaged in illegal activities, such as drug distribution or other criminal behavior, introduce unique risks and complications. Property owners should quickly collaborate with local law enforcement to gather relevant official documentation or evidence.    

By anticipating and proactively addressing these complex occupancy situations, investors can protect their investments, maintain property value, and facilitate smoother transitions into successful property ownership.

Navigating Tenant Bankruptcies During Evictions

How Tenant Bankruptcy Affects Evictions

Tenant bankruptcies frequently arise as challenging obstacles for investors acquiring occupied properties at foreclosure or tax deed auctions. When an occupant facing eviction files for bankruptcy, the legal process typically stalls, creating delays and additional costs for property owners.

It’s crucial to act swiftly upon receiving notification of a tenant’s bankruptcy filing. Immediately consulting with an experienced eviction attorney is essential, as they can petition the bankruptcy court to lift the automatic stay affecting the eviction proceedings. Often, such stays occur at critical moments, like just before a scheduled auction or eviction hearing, leaving investors unprepared.

Legal Actions to Lift Bankruptcy Stays Quickly

Legal experts recommend filing a motion for relief from the automatic stay as promptly as possible. In most cases, judges understand tenants’ tactics to delay eviction and are receptive to lifting stays, especially when property owners clearly demonstrate legitimate financial harm or ongoing losses.

Additionally, careful documentation of interactions and timelines can strengthen your case in bankruptcy court. Judges favor clear, detailed records illustrating the financial strain on property owners by delayed evictions due to bankruptcy filings. Investors who’ve proactively documented lease violations, unpaid rent, or property damage caused by tenants typically find quicker resolutions and reduced costs.

Understanding bankruptcy-related delays and taking swift, decisive legal action are essential practices for any investor aiming to protect their assets and investment profitability. Proactive legal measures and thorough record-keeping can significantly shorten the eviction timeline, allowing investors to resume control of their properties with minimal disruption.

The Eviction Process Timeline in Florida

Understanding the typical eviction timeline for removing occupants can help investors plan their strategy effectively. The duration of an eviction varies based on whether the occupant contests the process.

Timeline for an Uncontested Eviction

An uncontested eviction in Florida generally takes around four weeks to complete. Once the appropriate notice is served (3-day, 7-day, or 30-day, depending on the situation), the property owner must wait for the notice period to expire before filing an eviction complaint in county court.

After filing, a process server delivers the complaint to the occupant, who has five days to respond. If no response is received, the owner can request a default judgment. Once granted, the court issues a final judgment, allowing the owner to obtain a writ of possession, leading to sheriff enforcement within 24 to 48 hours.

Timeline for a Contested Eviction

If an occupant contests the eviction, the process typically extends to six to seven weeks or longer. In this scenario, the occupant files a response within the five-day window, prompting the court to schedule a hearing. Depending on the county’s caseload, a hearing may take an additional two to three weeks to be scheduled.

During the hearing, the judge will determine whether the eviction should proceed. If the ruling favors the property owner, a final judgment is issued, followed by the writ of possession, allowing the sheriff to remove the occupant. Additional delays may arise if the occupant files motions or appeals, prolonging the process further.

Understanding the Writ of Possession

The writ of possession is a critical final step in the eviction process. It allows the new property owner to legally reclaim possession from any remaining occupants.

Process and Fees for Obtaining a Writ of Possession

After obtaining a final judgment for eviction, the property owner must request the writ of possession from the court. Most Florida counties charge a fee of $90, while Miami-Dade County charges $115. Once issued, the writ is forwarded to the county sheriff’s office, which posts an official notice on the property, providing the occupants 24 hours to vacate.

Sheriff Execution and Lockout Procedures

If the occupant does not leave within the 24-hour period, the sheriff will return to the property at a scheduled time to enforce the eviction. The property owner or a representative must be present to facilitate access and oversee the removal of remaining personal belongings.

After the lockout, the property owner may secure the premises by changing locks and removing any abandoned items according to Florida law. The process ensures that the owner fully regains legal control of the property.

Common Eviction Pitfalls to Avoid

Navigating Florida’s eviction process requires strict adherence to state laws. Many property owners make avoidable mistakes that can lead to delays, legal penalties, or even case dismissal.

Overlooking Florida’s Tenant Protection Laws

Florida provides specific protections for tenants, especially in foreclosure situations. Under Florida Statute 83.5615, some tenants may have rights to extended notices or lease continuations, which owners must acknowledge before proceeding with eviction.

Illegal Self-Help Eviction Actions

Attempting to change locks, shut off utilities, or remove an occupant’s belongings without a court order is considered an illegal self-help eviction in Florida. Violating these laws can result in severe financial penalties and legal liability for the property owner.

Failing to Conduct Proper Pre-Auction Due Diligence

Before bidding on a foreclosure or tax deed property, investors should investigate whether the property is occupied and determine the occupant’s status. Failing to assess this information could lead to unexpected eviction costs, tenant protections, or complex legal battles.

Mishandling Redemption Periods

Some properties may have redemption periods allowing former owners to reclaim ownership by repaying debts within a specified timeframe. Property buyers should confirm whether a redemption period applies before assuming full control.

Attempting Evictions Without Legal Expertise

Evictions can become legally complex, particularly when occupants contest the process. Attempting to handle an eviction without legal counsel increases the risk of procedural mistakes that can delay or even invalidate the eviction.

Special Legal Considerations

Certain legal statutes and regulations provide additional protections for tenants and impose specific obligations on property owners.

Understanding the Protecting Tenants at Foreclosure Act (PTFA)

The Protecting Tenants at Foreclosure Act (PTFA) is a federal law ensuring that bona fide tenants in foreclosed properties receive at least 90 days’ notice before eviction. To qualify for PTFA protections, a tenant must:

• Have a valid lease agreement
• Pay market-rate rent
• Not be related to the previous owner

Before issuing eviction notices, property buyers must verify if PTFA applies to any tenants.

Handling Personal Property Left Behind by Occupants

After an eviction, the property owner must handle abandoned belongings according to Florida law.

• In foreclosure cases: The owner may remove personal belongings to the property line, allowing for immediate disposal.
• In landlord-tenant cases: Florida Statute 83.67 applies, requiring the owner to store the belongings for a designated period and provide proper notice before disposal.

Failing to follow the correct procedure for handling abandoned property may expose owners to legal liability.

Final Thoughts on Evicting Occupants from Auctioned Properties

Removing occupants after purchasing a property at auction in Florida requires careful planning and legal compliance. Whether negotiating an amicable departure or pursuing formal eviction, understanding your rights ensures a smooth transition into ownership.

As a savvy investor, consider these factors before bidding:

• Potential costs of removal proceedings
• Estimated timeline for obtaining possession
• Whether the property is occupied and by whom
• Status of any existing leases
• Whether you plan to occupy the property yourself or rent it out

With proper planning and legal guidance, you can successfully navigate the complexities of taking possession of your investment property.

This information is provided for educational purposes and is not legal advice. If you need specific guidance for your situation, please consult with a qualified real estate attorney.

About the Author: This article was created by and in collaboration with Jerron Kelley, Esq., a senior partner at Kelley Grant & Tanis, P.A., with over 20 years of experience in real estate law and more than 35,000 evictions filed in Florida. If you need legal advice or representation, contact them at 1-877-871-8300 for professional guidance or visit our website at KelleyGrantLaw.com.