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How long do I have to move after a HOA foreclosure in Florida? Can I delay the process at all?

Fort Lauderdale, FL |

How long does the eviction process take after a HOA auction sale? Is there anything I can do to extend the timeframe? I just need to save some more money for the move.

Thank you

Attorney Answers 3


They will give you a warning notice to move out, then you only have a few days--I mean like 5 days tops. Then if you still don't move out they will file and eviction lawsuit and those go very fast I would go ahead and assume you have a week at the most to be on the safe side. By the time a sheriiff knocks on the door you could be arrested for trespassing.

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You do not say in your post whether you are the former owner of the house or a tenant of the former owner. If you are the former owner, you can be moved out of the house by the sheriff as soon as the judge issues a writ of possession. In some counties the sheriff will give you 24 hours notice before physically removing all of your possessions from the house.

If you are a tenant, the HOA will have to give you notice to vacate the house and go through eviction proceedings. In either event, you should contact the HOA and try to negotiate a longer time for your to vacate the house. If you are unsure of your rights or would like help in negotiating with the HOA, you should consult an experienced real estate lawyer in your area.

Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

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1 lawyer agrees


You should attempt to negotiate renting the home since that is what the HOA will do with the property anyway. Unless you had a volatile relationship with your HOA they should not have any objections to entering into a valid lease with you provided you have income and are able to pay rent.

This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at

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