A Florida Writ of Possession is a legal document issued by a court in the state of Florida in order to regain possession of property, such as rental property, that has been unlawfully occupied. It is a form of eviction that is used when a tenant has failed to vacate the premises after being served an eviction notice or when a tenant has not paid rent. There are two types of Florida Writ of Possession: a 1-Day Writ of Possession and a 24-Hour Writ of Possession. The 1-Day Writ of Possession grants the court-appointed receiver twenty-four hours to take possession of the property. The 24-Hour Writ of Possession grants the court-appointed receiver one day to take possession of the property. In both cases, the tenant must vacate the property within the time stated on the Writ of Possession. If the tenant does not vacate the property within the time period stated, the court-appointed receiver may forcefully remove the tenant from the property.
Florida Writ of Possession
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How to fill out Florida Writ Of Possession?
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FAQ
A judge can stop a writ of possession in some cases. A tenant or their attorney can file a motion to stay in the period of time after the writ is issued. This motion asks the judge to stay (stop) the writ of possession. Tenants will need to provide a reason for filing a motion to stay the writ of possession.
After the Clerk signs this Writ, it must be delivered to the Sheriff to be served upon the Tenant and who, if necessary, will forcibly evict the Tenant after 24 hours from the time of service.
For unlawful detainer actions, which seek possession of real property when there is no landlord/tenant relationship, the process is runs the same as an eviction when the property owner reaches the writ of possession stage.
After the Clerk signs this Writ, it must be delivered to the Sheriff to be served upon the Tenant and who, if necessary, will forcibly evict the Tenant after 24 hours from the time of service.
Await a response: 1 - 7 days. Court enters a default judgment or assigns a hearing date: 5 - 7 days. The clerk of court enters a writ of possession: 1 - 3 days. Sheriff executes writ of possession: 5 - 7 days.
The 24 hour period begins at the time the Writ is posted, and ends 24 hours later, excluding Sundays. After the Writ is posted, a Deputy Sheriff will call you and schedule an appointment for you to take possession of your property. Manpower and daily caseloads may cause this time period to be longer.
A judge can stop a writ of possession in some cases. A tenant or their attorney can file a motion to stay in the period of time after the writ is issued. This motion asks the judge to stay (stop) the writ of possession. Tenants will need to provide a reason for filing a motion to stay the writ of possession.