Writ of Possession in Florida: The 24-Hour Notice, the Sheriff and Belongings

By the FigureMyTax Editorial Team · How we calculate

The last step of a Florida eviction is the writ of possession. Here is when it issues, how the 24 hours work, what happens to belongings and what a landlord may not do first.

What is a writ of possession in Florida?

In an action for possession, after entry of judgment in favor of the landlord, the clerk issues a writ to the sheriff describing the premises and commanding the sheriff to put the landlord in possession after 24 hours’ notice conspicuously posted on the premises. Saturdays, Sundays and legal holidays do not stay the 24-hour notice period (Fla. Stat. 83.62(1)). The Florida eviction timeline calculator shows the earliest dates.

How soon can the writ issue?

After a judgment for the landlord, immediately. If the tenant fails to deposit the rent in the registry in time, the landlord is entitled to an immediate default judgment with a writ of possession issued without further notice or hearing (83.60(2)). Otherwise the writ follows the judgment after the hearing or trial.

What happens to belongings?

When the sheriff executes the writ, or at any time after, the landlord or its agent may remove any personal property found on the premises to or near the property line. After executing the writ, the landlord may ask the sheriff to stand by to keep the peace while it changes the locks and removes the property, and neither the sheriff nor the landlord is liable to the tenant or anyone else for loss, destruction or damage to the property after it has been removed (83.62(2)).

Can a tenant stop the writ?

Payment is the only defense that needs no deposit, and the statutes we read give no automatic stay after judgment. A tenant who thinks the judgment is wrong should talk to a licensed Florida attorney immediately about an appeal or a motion; deadlines are short. A tenant can also reach an agreement with the landlord in writing.

Can a landlord act before the writ?

No. A landlord who removes locks, doors or windows or cuts utilities before a lawful eviction owes actual and consequential damages or 3 months’ rent, whichever is greater, plus costs and attorney’s fees (83.67). See self-help evictions in Florida.

What should each side do in the 24 hours?

A tenant who wants to avoid the lockout can move out, remove belongings, ask a licensed attorney about options or settle in writing. A landlord should coordinate with the sheriff, keep the writ and judgment, and not change locks or cut utilities before the sheriff acts.

Example: from judgment to possession

What to ask the clerk

Ask the clerk of the county court how a writ is requested after a judgment, what the sheriff charges, whether the sheriff posts the notice the same day and how the court handles a request for more time. The statutes we read set the 24-hour notice and the immediate default, but the schedule of a sheriff’s office depends on the county.

Why weekends and holidays matter

Because Saturdays, Sundays and legal holidays do not stay the 24-hour period, a writ posted on a Friday afternoon can be executed on Saturday. Tenants should treat the posted notice as final and plan to be out, and landlords should remember that the same weekend does not give the tenant extra time.

Frequently asked questions

Official sources

• Fla. Stat. 83.62: restoration of possession to landlord
• Fla. Stat. 83.60: defenses; procedure
• Fla. Stat. 83.67: prohibited practices

This is general information, not legal advice. It is based on the cited Florida statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Florida attorney.