As West Palm Beach Evictions Lawyers, we are always asked about the writ of possession.   A writ of possession is a legal document that allows a landlord to regain possession of a rental property from a tenant who has been evicted.  Under Florida Statutes, Chapter 83, a landlord can seek a writ of possession as part of the eviction process in cases of nonpayment of rent or other breach of the lease agreement.

Eviction Process

The eviction process in Florida begins with the landlord serving the tenant with a notice to vacate.  If the tenant does not vacate the property within the specified time period, the landlord can file a lawsuit to seek an eviction order.  If the court rules in the landlord’s favor, the landlord can then request a writ of possession under Florida Statute 83.62,

Once the writ of possession is issued, the tenant must vacate the property within 24 hours.  If the tenant does not vacate, the sheriff can be called to physically remove the tenant from the property.  The writ of possession also allows the landlord to change the locks on the property to prevent the tenant from re-entering.

In sum, the writ of possession is the all-important document that gives the Landlord the power to regain possession of the property.  Without the writ of possession, the landlord can be held liable for self-help tactics if he/she changes the locks or turns off the electricity/water.

Finally, it is important to note that a writ of possession can only be issued after the landlord has obtained a court order for eviction.  The writ of possession is not a substitute for the eviction order, and the landlord must follow all steps in the eviction process as outlined in Florida Statutes, Chapter 83.

If you are a landlord in Florida seeking to evict a tenant, it is important to work with an experienced attorney who can guide you through the process and help you obtain a writ of possession if necessary.  An experienced attorney will also be able to represent you in court and ensure that your rights are protected.  Law Office of Ryan S. Shipp, PLLC and its team of dedicated West Palm Beach Evictions Lawyers and staff are here to help.  Call us today at 561.699.0399.  We are located in Lantana, Florida.  We serve all of Florida.