Can a Tenant file a Response to a Writ of Possession in Broward County, Florida? When the Sherriff in Broward County posts a Writ, they have 24 hours to vacate.
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.
What information should the Response to the Writ of Possession contain?
Courts usually do not grant this Motion unless the Tenant can show a valid legal argument. Some examples include:
- The Landlord failed to credit payments submitted by the Tenant during the Eviction.
- The Eviction was filed although they were current with their rent. In addition, they can show the Court proof of payment.
In sum, a Tenant has the right 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 today at (954) 990-7552.