A Florida Writ of Possession is a court document issued by a judge in the state of Florida to order a tenant or occupant to vacate a property and surrender possession to the landlord or property owner. It can also be used to reclaim possession of personal property. There are two types of Florida Writ of Possession: summary and plenary. The summary Writ of Possession is used when the tenant has failed to comply with an earlier court order or when the tenant has failed to pay rent, and the landlord is seeking to regain possession of the property. The plenary Writ of Possession is used when the tenant has failed to vacate the property after the expiration of a lease, or when the tenant has abandoned the property. The landlord must serve the tenant with the Writ of Possession before the tenant is required to vacate the property. The tenant is then given a specified amount of time to vacate the property. If the tenant fails to do so, the landlord can have a deputy sheriff execute the Writ of Possession.
Florida Writ of Possession
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How to fill out Florida Writ Of Possession?
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FAQ
It is a legal document that allows a Sheriff to remove an unwelcome person from your property. As the owner of real estate property in Florida, the law prohibits you from engaging in self-help methods to remove an unwanted occupant.
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.
You must obtain a Writ of Possession from the Florida court, which you must pay for. Once the Writ is served or conspicuously posted on the property, the renter has 24 hours to vacate. If the renter leaves any personal property at the rental unit, the Florida eviction laws mandate you to notify them in writing.
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.
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.
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.