Possession from the Sheriff in Florida, are they still able to respond to the Court?
When the Sheriff in Florida Posts a Writ of Possession on a Tenant’s Door, the Tenant has twenty-four (24) hours to vacate the property. At this stage of the Eviction the Tenant has very few rights. It does not mean that they are prohibited from filing a response with the Court. The response filed by the Tenant when they receive a Writ of Possession is generally known as a Motion to Stay the Writ of Possession.
Courts usually do not grant a Motion to Stay the Writ of Possession unless the Tenant can show a valid legal argument that the Eviction should be stopped. Some examples of valid legal arguments include:
1. The Defendant has submitted payments to the Landlord during the Eviction and the Landlord has failed to credit these payments. 2. The Landlord filed the Eviction although the Tenant was current with their rent and can show the court proof of payment.
If the Judge grants your Motion to stay the Writ of Possession they will likely set your Motion for an evidentiary hearing and allow you to present your evidence to the Court. If you are a Tenant in the State of Florida and recently were served with a Writ of Possession, contact the Law Office of Brian P. Kowal, PA today at (954) 990-7552