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Read more about the start of finding start solutions of housing affordability of housing affordability
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PARTNERING FOR SOLUTIONS: PARTNERING FOR SOLUTIONS:
AAGO & COMMISSIONER SHAN ROSE ON ORLANDO’S HOUSING FUTURE AAGO&COMMISSIONERSHANROSEON ORLANDO’SHOUSINGFUTURE
By Johnmichael Fernandez, Director of Local Government Affairs
The Apartment Association of Greater Orlando (AAGO) recently met with Orlando City
Commissioner Shan Rose to discuss key issues affecting the local apartment industry. Commissioner Rose shared her views on housing policies and the need for more affordable housing in the region.
Following a productive conversation, AAGO presented Commissioner Rose with a campaign contribution in support of her re-election this November. The association values her willingness to engage with housing providers and her practical approach to addressing housing affordability challenges in the city.
AAGO looks forward to continued collaboration with Commissioner Rose as she works to balance the needs of Orlando’s growing population with responsible housing policy. Her support of the rental housing industry and open communication with stakeholders makes her a strong partner for AAGO and its members.
Written by Kevin Knight by
INTRODUCTION
On June 27 2025 Floridas Sixth District Court of Appeal issued its decision in Kellon Lewis v SFR JV-2 Property, LLC The case involved a landlord’s eviction order entered after the tenant filed for bankruptcy, which the landlord later conceded was void because of the federal automatic stay The appellate court accepted the landlord’s confession of error, reversed the eviction order, and remanded for further proceedings
Although the case may seem procedural, its importance to Florida residential landlords cannot be overstated It underscores the absolute power of the federal bankruptcy automatic stay and provides a sharp reminder that landlords must tread carefully when a tenant files bankruptcy Acting outside the stay exposes landlords to reversals, wasted time, added costs, and potentially even sanctions
WHY THE CASE MATTERS
1 Reaffirmation of the Automatic Stay
Under 11 USC § 362(a), filing a bankruptcy petition immediately halts “the commencement or continuation” of eviction proceedings As the court emphasized, any order entered in violation of the stay is void even if the landlord or court lacked actual notice
2 Practical Risks to Landlords
In Lewis, the landlord itself confessed error, recognizing the eviction order was unenforceable This illustrates how landlords risk wasted litigation expenses and delays if they move forward without carefully verifying bankruptcy status
3 No Merits Ruling
The appellate court did not opine on the tenant’s defenses or the evictions validity only on the procedural bar This highlights that bankruptcy filings can delay but not necessarily defeat landlords rights However landlords must channel their actions through bankruptcy procedures
WHAT LANDLORDS CAN DO WHEN A TENANT FILES BANKRUPTCY
File a Motion for Relief from Stay Landlords may ask the bankruptcy court to lift the stay especially if the tenant is not paying post-petition rent Relief is commonly granted if the tenant is in default and the landlord can show cause
Collect Post-Petition Rent While pre-petition debts are frozen tenants must pay rent that comes due after the bankruptcy filing Landlords can seek administrative expense treatment for unpaid post-petition rent
Communicate Through Counsel Once bankruptcy is filed, landlords should route communications through the tenants attorney or trustee to avoid claims of improper contact
WHAT LANDLORDS CANNOT DO
Proceed With Eviction Without Bankruptcy Court
Permission Even if a state court judge enters an order it is void if issued during the automatic stay, as Lewis illustrates Attempt to Collect Pre-Petition Rent Demands, letters, or collection actions on past-due rent are prohibited These debts must be handled through the bankruptcy process
Self-Help Remedies Lockouts, utility shutoffs, or harassment to force payment or departure violate both state law and the bankruptcy stay, risking severe penalties
PRACTICAL POINTERS FOR FLORIDA RESIDENTIAL LANDLORDS
1.Check PACER or Bankruptcy Notices Promptly
Before moving forward in an eviction, confirm that the tenant has not filed bankruptcy
2. Pause State Court Actions
If a petition is filed halt eviction proceedings until guidance is obtained
3. Work With Bankruptcy Counsel
Experienced counsel can quickly seek relief from the stay where appropriate
4. Track Post-Petition Obligations
Keep clear records of rent accruing after the bankruptcy filing as this may be recoverable
5. Maintain Professionalism
Avoid personal contact that could be construed as collection activity; let the legal process work
The Kellon Lewis decision is a cautionary tale for Florida landlords: bankruptcy filings instantly change the playing field Evictions cannot proceed without bankruptcy court involvement, and orders entered in violation of the stay are void While this may cause delays landlords are not without remedies By acting within the rules pausing state court actions seeking relief from stay and collecting post-petition rent landlords can protect their interests without risking wasted effort or sanctions
For residential landlords, the lesson is clear: bankruptcy is a red light that requires careful navigation Proceed with caution seek legal guidance, and let the process unfold in a way that preserves rights while respecting federal law
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