A writ of possession is the final legal instrument in the Florida eviction process. Once a landlord wins an eviction judgment, the court issues this writ. The sheriff then executes the writ by posting a 24-hour notice on the property. If the tenant does not vacate within that period, the sheriff returns to physically remove the tenant and their possessions, effectively returning control of the unit to the landlord.
How It Applies to Florida Landlords
In Florida, landlords cannot use 'self-help' measures like changing locks or turning off utilities to force a tenant out. The writ of possession is the only legal method to regain possession of a rental unit against a tenant's will. Following the issuance of the writ, the landlord may be required to arrange for the removal of the tenant's personal property, usually in accordance with local sheriff department procedures and Florida statute requirements regarding abandoned property.
Key Takeaways
- The final step in a legal eviction.
- Executed by the sheriff, not the landlord.
- Cannot be bypassed through self-help measures.
- Requires a court order following a judgment.