Tenant Response To A Writ of Possession
Can a Tenant file a Response to a Writ of Possession in Broward County, Florida? When the Sherriff posts a Writ, a Tenant has 24 hours to vacate. While this can be stressful, they must act immediately.
At this stage of the Eviction, the Tenant has very few rights. It does not mean that they are prohibited from defending themselves. They have the right to file a response known as a Motion to Stay the Writ of Possession.
The Court’s ruling on the Motion all depends on the facts. Therefore, it is important to speak with a Broward County Eviction Lawyer.
What information should the Tenant include in their Response to the Writ of Possession?
Courts usually do not grant a Motion to Stay unless the Tenant can show a valid legal argument. Some examples include:
- The Landlord failed to credit payments submitted during the Eviction.
- The Eviction was filed although the Tenant was current with the rent. In addition, they can show the Court proof of payment.
- An Agreement was reached. In other words, after the Judgment was entered, the Landlord and the Tenant entered into a settlement agreement.
A Motion to Stay can be filed up until the day the Sheriff posts the Writ. However, if it is filed on the same day, a Court may not hear it due to time constraints. Therefore, it is important that once they receive it, they take immediate action.
In sum, a Tenant has the right to file a response to a Writ of Possession in Broward County, Florida. If they file a Motion to Stay and the Court grants it, it will be set for an evidentiary hearing. As a result, you can present your evidence to the Court. Therefore, if you are a Tenant and have been served with a Writ, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
[…] Upon receiving a Writ of Possession, the Tenant should file their Motion to Stay. While your Motion may not be granted, it is not impossible. If a Tenant can show they paid the Landlord the full amount, the Court may stay the Writ of Possession. It is important that the Tenant provide some legal basis in their Motion to Stay. If the Court grants the Motion to Stay, a hearing will be granted. At the hearing, the Court will determine if the Motion provides sufficient grounds to either stop the eviction completely or allow the Eviction to Proceed. If the Court denies the Tenant’s motion, the Writ of Possession will continue and the Tenant will have to vacate the property. […]
[…] directly to them or posted on the door. Accordingly, if they fail to leave after 30 days, a Motion for Writ of Possession can be filed. The Motion must include a sworn affidavit. This must state that the notice was sent […]