In Florida, a Writ of Possession is a legal document used during eviction. It gives the sheriff the authority to remove a tenant from a property after the landlord has successfully won an eviction case.
Below is a summary of the key points about Writs of Possession in Florida.
Here are the key points about a Writ of Possession in Florida:
- A Writ of Possession is a court order that authorizes the sheriff to remove a tenant from a property after a Final Judgment of Eviction has been issued.
- The process works as follows:
- The landlord wins an eviction lawsuit against the tenant.
- The judge issues a Final Judgment of Eviction.
- The Clerk of Court prepares and enters the Writ of Possession.
- The Sheriff serves the Writ to the tenant.
- Once served with the Writ, the tenant has 24 hours to vacate the property.
- If the tenant does not leave within 24 hours, the Sheriff has the authority to physically remove the tenant and their belongings from the property.
- The landlord can remove the tenant’s personal property to the property line. Neither the landlord nor the Sheriff is liable for any loss or damage to the tenant’s property after removal.
- A tenant can attempt to stop a Writ of Possession by filing an “Emergency Motion to Stay Writ of Possession” with the court. This asks the court to halt enforcement of the Writ.
- If granted, a court date will be set for a hearing where the tenant can present arguments for why they should not be evicted.
- It’s strongly recommended that tenants facing a Writ of Possession seek legal assistance from an attorney experienced in landlord-tenant law.
- The Writ of Possession is the final stage of the eviction process and represents the landlord regaining full legal possession of the property.