A Writ of Possession is sent to the Sheriff after a Final Judgment. It is then posted on the door of the property. While most Tenants vacate after receiving the Writ, some choose to fight it. If they are successful, it will be stayed. However, this relief does not always last forever. In other words, a Writ that is stayed can be lifted. If you have questions about a Motion to Lift the Stay on the Writ of Possession, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
When does a Landlord file a Motion to Lift the Stay on a Writ of Possession?
A Tenant may be able to have a Writ stayed by the Court. They need to prove that the Eviction was filed improperly or that their Landlord accepted payment in full during the three day notice period. However, it does not mean that the case will be dismissed. The Court will set the Motion for Hearing and allow the Tenant to present their argument. If it is granted and the Writ is stayed, the case may be set for mediation. If it does not settle there, a Landlord can file a Motion to Lift the Stay on the Writ of Possession.
A Court may not require a hearing on the Motion and could just grant it. However, it will likely be set for hearing. A Landlord will need to show that the stay is no longer necessary or they are not interested in settling the case. If the Court rules in favor of the Landlord, the stay will be lifted and the Eviction can continue. A clerk will then issue another Writ directing the Sheriff to serve it on the Tenant’s door.
If you are a Landlord and need to file a Motion to Lift the Stay on a Writ of Possession, contact the Law Office of Brian P. Kowal, at (954) 990-7552.
