What Is a Writ of Possession in Florida?
Many tenants facing eviction in Florida hear the term writ of possession but are unsure what it actually means. Understanding this document is important because it determines when and how a tenant can be removed from a rental property.
What Does a Writ of Possession Mean?
A writ of possession is a court order issued by a judge after a landlord wins an eviction case. It authorizes the county sheriff to take possession of the rental property on behalf of the landlord.
In simple terms, a writ of possession is the legal document that allows the sheriff, and only the sheriff, to remove a tenant if the tenant does not leave voluntarily.
Does a Writ of Possession Mean I Have to Leave Immediately?
No. A writ of possession does not mean a tenant must leave the same day it is issued. In Florida, the sheriff typically posts the writ on the property and provides a short period of time before returning to remove the tenant.
The exact timing can vary by county, but tenants usually have a brief window to move out before the sheriff executes the writ.
Who Can Enforce a Writ of Possession in Florida?
Only the county sheriff can enforce a writ of possession and physically remove a tenant from a rental property.
A landlord, property manager, or owner cannot remove a tenant themselves, even if a writ of possession has been issued. Lockouts or forced removals without the sheriff may be considered illegal.
Can a Tenant Stop or Delay a Writ of Possession?
In some situations, a tenant may be able to delay or challenge enforcement of a writ of possession. This can include filing certain motions, correcting legal defects in the eviction case, or asserting tenant rights under Florida law.
Each situation is different, and deadlines move quickly once a writ of possession is issued.
What Should Tenants Do If They Receive a Writ of Possession?
- Read the document carefully
- Do not ignore posted notices
- Document all actions taken by the landlord
- Contact a Florida tenant attorney immediately
How a Florida Tenant Attorney Can Help
A writ of possession is one of the final steps in the eviction process, but tenants still have rights. A tenant-focused Florida attorney can review the eviction case, explain available options, and help ensure the process is carried out lawfully.
