Can Bankruptcy Stop an Eviction in Florida? (2026 Guide)

For many tenants in Florida, the threat of eviction is the breaking point. If you are behind on rent and your landlord has posted a “3-Day Notice,” you might be wondering if filing for bankruptcy can save your home. The short answer is: Yes, it can stop the eviction temporarily, but timing is everything.

At Juan Burgos Law, we help tenants understand their rights under federal bankruptcy law. Here is the honest truth about how the “Automatic Stay” interacts with Florida eviction laws in 2026.

The “Automatic Stay”: Your Immediate Shield

When you file for bankruptcy (Chapter 7 or Chapter 13), the court issues an Automatic Stay. This is a federal order that stops all collection activities, including evictions, immediately.

What this means for you: If your landlord has not yet obtained a final judgment from the state court, the eviction process must freeze. The sheriff cannot come to remove you while the stay is in place.

The Critical Exception: “Judgment of Possession”

This is the most important rule to understand. If your landlord already has a “Judgment of Possession” (a final court order to evict you) before you file for bankruptcy, the Automatic Stay may not help you.

Under federal law, if the landlord completed the state court process before you filed, they can usually proceed with the eviction. This is why acting early—before the judgment is signed—is vital.

Chapter 7 vs. Chapter 13 for Tenants

Chapter 7: Buying Time

Chapter 7 does not typically allow you to keep the apartment if you can’t pay the back rent. However, it can:

• Delay the eviction by a few weeks or months, giving you time to move.
• Discharge (eliminate) your obligation to pay the past-due rent, so the landlord cannot sue you for money later.

Chapter 13: Staying in Your Home

If you want to stay, Chapter 13 is the better option. It allows you to:

• Cure the Default: You can pay back the rent you owe over a 3 to 5-year period.
• Keep the Lease: As long as you stay current on future rent and make your plan payments, the landlord cannot evict you.

Florida Eviction Timeline (2026)

1. 3-Day Notice: The landlord posts a notice demanding payment or possession.
2. Complaint Filed: If you don’t pay, they file an eviction lawsuit.
3. 5 Days to Respond: You have 5 days to file an answer with the court and deposit rent into the court registry.
4. Judgment of Possession: If you lose (or don’t answer), the judge signs the order.
5. Writ of Possession: The sheriff posts a 24-hour notice on your door.

Your Goal: File bankruptcy before Step 4 (Judgment of Possession) to get the maximum protection.

Don’t Wait Until the Sheriff Arrives

Once the “Writ of Possession” is posted on your door, it is usually too late for bankruptcy to stop the physical eviction. If you are behind on rent, the time to act is now.

At Juan Burgos Law, we can file an emergency bankruptcy petition to stop the clock and give you room to breathe.