A Writ of Possession is a court order that grants full possession of tangible property (usually a dwelling such as a house or apartment) back to the owner or landlord. It’s usually granted after the landlord wins an eviction lawsuit against a tenant. Common reasons for eviction lawsuits include nonpayment of rent or violating terms of the lease agreement.
Once the Writ is served by the Sheriff, the tenant(s) are required to vacate the property within a short time frame. In Florida, it is 24 hours. If the property is not vacated within the time frame, the Sherriff can then physically remove all persons and belongings from the property.
In some states (including Florida), tenants can file an Emergency Motion to Stay Writ of Possession. If granted, a court date will be set. In court, the tenants (or their attorney) will need to submit a legal argument as to why they should not be evicted.
If you have been served a Writ of Possession, it could be beneficial to contact an attorney to explore your options and perhaps file the Emergency Stay. Contact your local housing authority for other questions and guidance.
Stephen K. Hachey, a Florida real estate attorney, can help you navigate this process and make the most of a difficult situation. Contact him at 813-549-0096.
The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.
This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.
