The Florida Writ of Possession is a legal document issued by a court in the state of Florida that orders a tenant to vacate the property within 24 hours. It is also known as a judgment for possession and is used when a tenant has failed to pay rent or otherwise violated the terms of a lease. There are two types of Florida Writ of Possession: an Unlawful Detained Writ of Possession and a Summary Writ of Possession. The Unlawful Detained Writ of Possession is used when the tenant has failed to pay rent or otherwise violated the terms of a lease. This document is issued by a judge and orders the tenant to vacate the premises within 24 hours. The Summary Writ of Possession is used when the tenant has abandoned the premises without notice, and is issued without the need for a court hearing. This document orders the tenant to vacate the premises immediately.
Florida Writ of Possession
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How to fill out Florida Writ Of Possession?
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FAQ
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.
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.
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.
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.
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.
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.