After the Court enters a Final Judgment of Eviction, the Clerk signs the Writ of Possession. The Sheriff then posts it on the Tenant’s door. However, a Florida Landlord’s Right to Stop a Writ of Possession doesn’t end until the final lockout. If you have questions about your rights, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
Does a Florida Landlord’s Right to Stop a Writ of Possession end when the notice is posted?
During an Eviction, negotiations often occur between the Landlord and the Tenant. Unfortunately, a Judgment may be entered before an agreement is reached. As a result, a 24 hour notice is posted. If the Tenant refuses to leave, the Sheriff will return to remove them and their possessions. However, if a Landlord and Tenant are able to come to an agreement before the Sheriff returns, the Writ can be stopped. This requires the Landlord to act quickly to avoid this from happening.
What steps should a Landlord take to Stop the Sheriff from enforcing the Writ?
The Landlord should do the following:
1. File a Motion
This allows a Court to enter an order directing the Sheriff to stop enforcing the Writ. While the Tenant usually files this Motion, a Florida Landlord should file it if an agreement is reached.
2. Contact the Sheriff’s Office
Most Florida Counties require the Landlord to fax a letter requesting it be cancelled. The Motion should be filed first however, if they are unable to receive a hearing date in time, contacting the Sheriff’s office is the best option. As a result, process will stop and the parties can continue with the Tenancy.
A Florida Landlord’s Right to Stop a Writ of Possession does not end after the Sheriff posts a 24 hour notice. If you have questions about your rights, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
