When a Final Judgment of Eviction is granted by a Judge, a Writ of Possession is then signed by the Clerk of Court. After the Clerk signs the Writ of Possession, the Clerk sends the Writ to the Sheriff. The Sheriff will then post the Writ of Possession on the Tenant’s door. The Tenant will then have twenty-four hours to vacate the property. At this point, the Tenant has very limited options but can still stop the Writ of Possession.
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.
If you are a Tenant in Florida and have received a Writ of Possession, contact the Law Office of Brian P. Kowal, PA today at (954) 990-7552. It is never too late to stop the Writ of Possession but you can must act quickly.