Can My Landlord Enter without Notice during My Chapter 13 Bankruptcy in Florida?

Attorney Answer

Being in Chapter 13 bankruptcy and having a landlord enter without notice are two separate legal issues, and neither one gives your landlord the right to walk in whenever he wants.

When you file Chapter 13, an automatic stay generally goes into effect under federal bankruptcy law (11 U.S.C. § 362) that pauses most collection actions against you, including eviction cases, as soon as you file. There is an important exception, though: if your landlord already had a court judgment for possession before you filed bankruptcy, the eviction may be allowed to continue despite the stay, unless you take specific steps in the bankruptcy case, such as filing a certification and depositing any rent that comes due, to get a temporary stay under the Bankruptcy Code. Whether that exception applies depends on the exact timeline of your eviction case and your bankruptcy filing, so you should check with your bankruptcy attorney or the bankruptcy court right away about whether any order affects this eviction specifically.

Separately, Florida law controls when and how your landlord can enter your home while you still live there, and this does not change because of the bankruptcy or your daughter's age. Under Fla. Stat. § 83.53, your landlord generally may enter your home only with your consent, with reasonable advance notice at a reasonable time, or in a genuine emergency such as a fire or a serious safety risk. For entry to make repairs, the statute currently requires at least 24 hours of advance notice. Florida changed this notice rule in recent years, so if the exact number of hours matters in your case, confirm the current requirement with a local lawyer or your county clerk's self-help center. Your landlord cannot force his way in or enter without proper notice just because an eviction has been filed or a bankruptcy case is pending. Having a minor child in the home does not change these notice rules, but if your landlord is entering aggressively or trying to intimidate you, that behavior can matter separately.

What to do: - Contact your bankruptcy attorney immediately to find out whether an automatic stay currently applies to this eviction and whether you need to file anything to protect it. - Keep a written log of every time your landlord enters or tries to enter, including dates, times, and whether notice was given. - Do not let your landlord in without proper notice unless it is a true emergency. - If your landlord enters unlawfully, you may be able to raise this in the eviction case or as a separate claim.

Because bankruptcy and landlord-tenant law overlap here, this is a good time to talk to both your bankruptcy attorney and a Florida landlord-tenant attorney or local legal aid office. This is general legal information, not legal advice, and a local lawyer can advise on your specific situation.