What is a hardship stay of eviction form in Florida?

Definition & Meaning of Hardship Stay of Eviction

A hardship stay of eviction form in Florida is a legal document that allows tenants facing eviction to request a temporary postponement of the eviction process. This request is made due to significant hardships that prevent the tenant from moving out on the scheduled date. Such hardships may include job loss, severe medical emergencies, or the death of a primary income provider. It is important to note that this form does not dismiss the eviction but rather delays it, requiring a judge's approval based on the evidence provided.

Who Typically Uses This Form

This form is primarily used by tenants who are facing eviction and have encountered sudden and unavoidable hardships. The following groups may find this form particularly relevant:

• Individuals experiencing job loss: A tenant who has lost their job may struggle to pay rent and need time to secure new employment.
• Families dealing with medical emergencies: A significant medical event can lead to unexpected expenses, making it difficult to meet financial obligations.
• Victims of domestic abuse: Those fleeing abusive situations may require additional time to find safe housing.
• Residents affected by natural disasters: Tenants who have lost their homes due to hurricanes or floods may need a temporary reprieve.

Key Requirements for Filing

To successfully file a hardship stay of eviction form in Florida, tenants must meet specific requirements:

• Formal Request: The tenant must file a motion with the court to request the stay.
• Strong Evidence: Documentation supporting the claim of hardship is essential. This may include medical bills, termination letters, or other relevant paperwork.
• Timely Filing: The request should be filed promptly, especially after receiving a Writ for Removal, which can be issued as soon as three days after the eviction notice.
• Judicial Approval: The stay is not guaranteed; it requires the judge's consideration and approval based on the evidence presented.

Examples of Qualifying Hardships

Understanding what constitutes a qualifying hardship is crucial when filing for a stay of eviction. Some common examples include:

• Job Loss: A tenant who has been laid off and is actively seeking new employment may qualify.
• Major Medical Issues: A tenant facing a serious illness that incurs high medical costs may be eligible.
• Death of a Household Provider: If a primary income earner passes away, the remaining family members may struggle financially.
• Natural Disasters: Tenants displaced by events like hurricanes or floods may need additional time to secure housing.

What the Form Does Not Do

It is important to clarify what a hardship stay of eviction form does not accomplish:

• Does Not Cancel Eviction: The form only delays the eviction process; it does not dismiss it entirely.
• Does Not Waive Rent Obligations: Tenants are still responsible for paying any overdue rent or fees during the stay period.

Steps to Complete the Form

Filing a hardship stay of eviction form involves several steps:

• Gather Documentation: Collect all necessary evidence of hardship, such as medical records or employment termination letters.
• Complete the Form: Fill out the hardship stay of eviction form accurately, providing all required information.
• File with the Court: Submit the completed form to the appropriate court, along with any supporting documents.
• Prepare for a Hearing: Be ready to present your case to the judge, explaining the hardship and why a stay is warranted.

Important Deadlines

Timeliness is critical when filing a hardship stay of eviction form. Key deadlines include:

• Writ for Removal Issuance: This can occur as soon as three days after the eviction notice, necessitating prompt action.
• Filing Window: It is advisable to file the motion as soon as possible after receiving the eviction notice to ensure consideration by the court.

Resources for Assistance

Tenants seeking help with the hardship stay of eviction form can access various resources:

• Civil Law Self-Help Center: This center provides forms and guidance for responding to eviction orders.
• Local Legal Aid Organizations: Many communities offer legal aid services that can assist tenants with understanding their rights and filing necessary paperwork.
• Housing Counselors: These professionals can provide valuable advice on tenant protections and resources available in Florida.