Updated: 6/2/23

A Writ of Possession is a court order that grants full possession of tangible property (usually a dwelling such as a house or apartment) back to the owner or landlord. It’s usually granted after the landlord wins an eviction lawsuit against a tenant. Common reasons for eviction lawsuits include nonpayment of rent or violating terms of the lease agreement (see: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.62.html).

The Process of Serving a Writ of Possession

Once a Writ of Possession is granted, it must be served to the tenant. This task is typically carried out by the Sheriff. The Sheriff’s role is to deliver the Writ to the tenant, thereby officially notifying them of the court’s decision and their obligation to vacate the property.

Upon receiving the Writ, the tenant is required to leave the property within a specified time frame. In Florida, for instance, this period is 24 hours. This means that once the Writ is served, the tenant has 24 hours to remove themselves and their belongings from the property. If the tenant fails to comply within this period, the Sheriff has the authority to physically remove all persons and belongings from the property.

Legal Recourses for Tenants

While a Writ of Possession can seem like the final word in an eviction case, tenants do have some legal recourse. In some states, including Florida, tenants can file an ‘Emergency Motion to Stay Writ of Possession.’ This motion is a request to the court to halt the enforcement of the Writ. If granted, a court date will be set for a hearing.

At this hearing, the tenants or their attorney will need to present a compelling legal argument as to why they should not be evicted. This could involve demonstrating that the eviction was unjust, or that they have rectified the issue that led to the eviction lawsuit.

Due to our current caseload, our office simply does not the have the resources
needed to dedicate to any additional tenant legal matters.
Any tenant-specific legal matters should be referred to the following organization:
Lawyer Referral Service Online (available 24/7) — https://www.floridabar.org/public/lrs/
or Phone (800) 342-8011 Monday through Friday 8:00 a.m. to 5:30 p.m.

Seeking Legal Assistance

If you find yourself served with a Writ of Possession, it’s strongly recommended to contact an attorney. An experienced legal professional can help you explore your options, guide you through the process of filing an Emergency Stay, and represent your interests in court.

Additionally, your local housing authority can provide valuable guidance and answer any questions you might have about your situation. They can help you understand your rights and responsibilities as a tenant and provide resources to assist you during this challenging time.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.