Writ of ownership in Florida

Chapter 83 of the Florida Statutes covers the full spectrum of Landlord and Tenant laws; however, the part is further broken down into the following three cut off Parts:

Part I: Nonresidential Tenancies (Commercial Property)

Miami Dade Clerk

Part Ii: Residential Tenancies

Part Iii: Self-Service warehouse Space

While the Statutes covered within each Part may appear similar, there are exiguous variations within them that greatly alter the rules to be followed by both the Landlord and Tenant.

Here are some tips and guidance to ensue in order for the Sheriff to ensue straight through with the eviction:

Writ Of Possession

In Florida, if and when a Court issues a Final Judgment for removal of Tenant, the landlord still does not have the right to kick a tenant out of the premises. Once the Final Judgment is entered, (1) the Clerk of the Court needs to issue a Writ of Possession, and (2) the Sheriff needs to levy the Writ by going over to the Premises to change ownership back to the landlord.

1. Make sure that the address within the Writ of ownership matches exactly with the address listed in the Final Judgment. Because the Clerk may not issue the Writ if it is different, copy/paste the address in the Final Judgment directly into the Writ of Possession.

2. If the Tenant occupies more than one premises (that are adjoining), you need to list all of the addresses within the Final Judgment and Writ of Possession, and make sure to additionally supply that one of the addresses is to be "used as the legal and mailing address". Otherwise, the Sheriff may payment a higher fee for conducting multiple evictions.

3. Make sure that the addresses listed within the Final Judgment and Writ of ownership are clearly indicated on the actual premises. If the Sheriff cannot find the address marked on the premises, they will cancel the eviction. Therefore, if the address is not affixed the premises, carry a magic marker or paint and make sure to write the address somewhere for the Sheriff to see it.

4. When delivering the Final Judgment and Writ of ownership to the Court, consist of cost to the Sheriff for their fee to execute on the Writ of Possession.

Residential vs. Market Evictions - Writ of ownership

Once the Sheriff obtains the Writ of ownership from the Clerk, the Sheriff is required to execute the Writ in accordance with the Florida Statutes.

Based upon the above information, if man owns Market asset in Miami, or Market warehouses in Florida, they need to abide by the Florida Statutes - Part I.

I have listed below the relevant Statutes for the Sheriff to ensue for residential and Market evictions.

Statute for Residential Evictions:

83.62 resumption of ownership to landlord.

(1) In an action for possession, after entry of judgment in favor of the landlord, the clerk shall issue a writ to the sheriff describing the premises and commanding the sheriff to put the landlord in ownership after 24 hours' notice conspicuously posted on the premises.

Statute for Market Evictions:

83.241 removal of tenant; process.

After entry of judgment in favor of plaintiff the clerk shall issue a writ to the sheriff describing the premises and commanding the sheriff to put plaintiff in possession.

As you can notice above, because the Statutes were set up to favor residential tenants, the residential Statute requires that the Writ of ownership cannot occur until "after 24 hours' notice conspicuously posted on the premises".

Because the Sheriff's Office may not be aware either they are handling a residential or Market eviction, they tend to always saunter under the residential Statute (providing 24 hour notice to the tenant). Therefore, if you are handling a Market eviction, make sure to recommend the Sheriff's Office by adding the following somewhere in effect for them to notice within the Writ of Possession:

Note To Sheriff: This is Market asset Do Not Post 24 Hour Notice

When the Sheriff's Office calls the landlord with the day and time they will execute on the eviction, make sure to do the following:

Show up early. If the Sheriff shows up without the landlord or its representative present, the Sheriff will leave, and the landlord will have to reschedule the eviction and may have to pay an further fee to do so.

Bring a magic marker to write the asset address on the premises just in case the tenant removed it.

Bring a locksmith, and make sure they arrive before the Sheriff. While you may think that you have a copy of the key, if the tenant changed the lock in the middle of the night, the Sheriff is not going to wait for you to then call a locksmith. You will then be required to reschedule a Writ of ownership at the premises.

Writ of ownership in Florida