What Landlords Need to Know About the Writ of Possession in Florida

A writ of possession is the final legal tool that allows Florida landlords to reclaim their property after winning an eviction. Without it, even a favorable judgment won’t result in physical removal of the tenant. This step is handled by the sheriff, not the landlord, and is strictly regulated under Florida law.

In this guide, we explain how the writ works, what landlords must do to enforce it, and how to avoid costly mistakes during enforcement. Our team can assist your eviction with securing the writ and working directly with local sheriffs throughout Florida.

What Is a Writ of Possession?

The writ of possession is a court-issued order directing the county sheriff to remove a tenant from the property. It’s the final step in an eviction, available only after a landlord has received a judgment for possession. Florida landlords cannot legally remove a tenant without this document, even after winning in court.

The sheriff serves the writ by posting it at the property and giving the tenant 24 hours to leave. If the tenant remains after that deadline, the sheriff may return to forcibly remove them and restore possession to the landlord.

Key facts about writs of possession:

• Issued by the court after a final judgment

• Enforced only by the sheriff, not the landlord

• 24-hour notice required before physical removal

• Applies to both residential and commercial evictions

• Landlords must file and pay a fee to initiate enforcement

How to Obtain a Writ of Possession in Florida

Landlords must file a request for the writ with the clerk of court after receiving a final judgment. The court will process the paperwork and issue the writ to the county sheriff’s office. Some counties require landlords to submit additional forms or instructions along with payment of the sheriff’s fee.

Delays often occur when paperwork is incomplete or fees aren’t paid promptly. Our team handles the entire process to keep enforcement on track.

Steps to obtain the writ:

• File a motion or request with the clerk of court

• Submit any local-required instructions or forms

• Pay the sheriff’s enforcement fee

• Wait for the court to issue and transmit the writ

• Track sheriff progress and confirm compliance

What Happens After the Writ Is Served?

Once the sheriff receives the writ, they schedule a visit to the property and post a 24-hour notice. This alerts the tenant that they must vacate the unit or face physical removal. In most counties, the landlord does not need to be present during the posting but must be available for reentry after enforcement.

If the tenant remains past the deadline, the sheriff will return, remove them if necessary, and allow the landlord to change the locks.

After service, you can expect:

• 24-hour waiting period begins immediately

• Tenants may leave voluntarily or remain

• Sheriff will reenter if the tenant fails to vacate

• Landlord regains possession after enforcement

• You may need a locksmith or contractor on-site

Common Mistakes When Enforcing a Writ

Enforcing a writ might seem straightforward, but many landlords make costly mistakes during this phase. Attempting to change locks before the sheriff arrives, failing to coordinate access, or mishandling tenant belongings can expose you to legal liability. Each county may also have different enforcement requirements that must be followed exactly.

We prevent these errors by managing the writ process from court to final possession.

Mistakes to avoid:

• Changing locks before sheriff approval

• Failing to appear when required

• Ignoring local sheriff protocols

• Mishandling or discarding personal property

• Not securing the premises after removal

What Happens to Tenant Property Left Behind?

Florida law does not require landlords to store or return tenant property after a lawful writ of possession is enforced. Once the sheriff restores possession, the tenant loses their legal right to reenter the premises. However, some landlords choose to provide brief access to retrieve belongings to avoid future claims.

It’s important to follow local best practices and document everything during this step.

Landlords should consider:

• Taking photos of remaining items

• Notifying the tenant in writing (optional but helpful)

• Allowing supervised pickup (if agreed in advance)

• Consulting an attorney before disposal

• Reviewing lease language on property abandonment

Can the Writ Be Delayed or Challenged?

Yes, tenants can file emergency motions to stay or quash the writ, which temporarily pauses enforcement. These filings are uncommon but can occur in contested evictions or where the tenant claims procedural error or unfairness. Judges may require a hearing or deny the motion based on the eviction record.

We help landlords respond quickly to keep possession efforts moving forward.

Tenant actions that may delay enforcement:

• Motion to stay writ of possession

• Appeal of the final judgment

• Bankruptcy filing after judgment

• Request for additional time due to health or hardship

Writ Enforcement Timeline by Florida County

Sheriff enforcement timelines vary by location. In some counties, the writ may be served within 2–3 days of issuance. In others, it may take over a week depending on volume, holidays, or staffing. Knowing your local timeline is essential for planning.

We maintain regular communication with sheriff offices statewide to provide accurate expectations.

Example timelines (but no guarantees):

• Palm Beach County: 3–5 business days

• Miami-Dade: 5–7 business days

• Hillsborough: 4–6 business days

• Broward: 2–4 business days

• Orange: 3–5 business days

Florida Writ of Possession: Frequently Asked Questions

What is a writ of possession in Florida?

A writ of possession is a court order that authorizes the sheriff to remove a tenant from rental property after a landlord wins an eviction case. It is the final legal step in the eviction process and must be executed by the sheriff, not the landlord. The writ allows the sheriff to give the tenant 24 hours to vacate, after which they can be physically removed if they remain. Landlords regain legal access to the property once this process is complete.

How long does it take to get a writ of possession?

In most Florida counties, the writ can be issued within a day or two after the landlord files the appropriate paperwork and pays the required fee. However, the sheriff’s enforcement of the writ may take several days depending on their workload and policies. Some counties process faster than others, and enforcement could take longer around holidays or during high eviction periods. Our firm helps manage expectations and deadlines based on your specific location.

Do I have to be present when the writ is served?

You usually don’t need to be present when the sheriff initially posts the writ, but you may be required to appear when the property is physically returned to you. This is especially important if you need to change locks, inspect for damage, or prevent reentry by the tenant. We coordinate closely with sheriffs across Florida to ensure you know when your presence is required. Being available speeds up the rekeying and turnover process.

Can I change the locks before the sheriff arrives?

No. Florida law prohibits landlords from taking possession or changing locks until the sheriff enforces the writ. Attempting to do so beforehand could expose you to legal penalties or claims of unlawful eviction. Once the sheriff has executed the writ, you are permitted to change locks and secure the property. Our attorneys help you avoid premature actions that may harm your case.

What happens if the tenant doesn’t leave after 24 hours?

If the tenant refuses to vacate within the 24-hour period after the writ is posted, the sheriff will return to the property. They are authorized to remove the tenant and turn the premises over to the landlord. Law enforcement must be the one to carry out the removal; landlords cannot do this themselves. We help ensure everything is done lawfully and efficiently.

Do I have to store the tenant’s property?

No, Florida law does not require landlords to store or return personal belongings left behind after a writ of possession is executed. However, some landlords choose to offer short-term access for retrieval to reduce legal risk. Documentation, such as photos and a brief notice, can help protect you if disputes arise. We can advise you on the best approach based on the facts of your case.

Can a tenant stop a writ of possession once it’s issued?

In rare cases, tenants can file emergency motions to stay or cancel the writ. They may argue legal errors, medical hardship, or appeal rights. These motions must be reviewed by a judge and often do not succeed unless strong evidence is provided. Our attorneys defend against these challenges and push for timely enforcement.

How much does a writ of possession cost?

Costs vary by county but typically range from $90 to $150, which covers the sheriff’s enforcement fee. This fee is in addition to court filing fees already paid during the eviction case. If you use legal representation, attorney fees may also apply. We include the writ process in most of our full-service eviction packages.

Is the writ process different for commercial properties?

The basic process is the same, but enforcement details can differ slightly. Commercial tenants may leave behind equipment, signage, or inventory, which can create additional liability or storage concerns. Florida law still requires sheriff enforcement for commercial writs. We help landlords with both residential and commercial enforcement strategies.