The writ of possession
Once the sheriff posts a writ of possession, you have 24 hours after the writ is posted† — and Saturdays, Sundays and legal holidays do not stay the 24-hour period†. This is the last step of a Florida eviction, and by the time it appears the arguments are over. What matters now is moving what you can before the lock changes.
The three-day notice at the start of an eviction excludes weekends and legal holidays. The 24-hour writ notice at the end does not. A writ posted on Saturday morning expires on Sunday morning. People assume the same rule applies at both ends of the process and lose a day they did not know they were spending.
Where the writ sits in the sequence
- Notice. 3 days, excluding weekends and legal holidays† for unpaid rent, or 7 days† for a curable lease violation.
- The landlord files an eviction action in county court if the notice period passes without resolution.
- You are served and have five days to respond. This is the single most consequential moment for a tenant, and it is the one most often missed.
- Judgment. If you did not respond, or the landlord prevails, the court enters judgment for possession.
- The clerk issues the writ and the sheriff posts it on the property.
- 24 hours after the writ is posted†, then the sheriff returns and puts the landlord in possession.
Florida also requires a tenant disputing the amount owed to deposit the rent into the court registry to keep defending. Missing the deadline, or failing to deposit, frequently ends the case regardless of the underlying merits. If you have a genuine defence — the notice was defective, the repairs were never made, the amount is wrong — that is the moment it has to be raised, not later.
If a writ has been posted
- Take the timing literally. Count from when it was posted, not when you saw it, and do not assume the weekend buys you time.
- Move what matters first — documents, medication, devices, keys, anything for children or pets, work tools. Not furniture.
- Take photographs of the unit as you leave. The deposit dispute is a separate matter and it will turn on condition evidence.
- Ask the landlord in writing about your belongings. Once possession is restored the landlord’s obligations regarding property left behind are limited, and it varies with what your lease says.
- Get advice immediately if you believe the process was defective. There is very little time, but a writ obtained on a defective notice or without proper service is not beyond challenge.
If you are the landlord
- Only the sheriff executes the writ. You cannot change locks, remove belongings or take possession yourself, even holding a judgment. Self-help eviction is unlawful at every stage, and doing it after winning is a fast way to lose what you won.
- Coordinate with the sheriff’s office on scheduling. They set the return, not you.
- Handle belongings by the book. Improvising here creates liability that dwarfs the unpaid rent.
- The deposit rules still apply. Winning possession does not suspend the 15 and 30 day deadlines for the deposit.
What a writ does not do
It restores possession. It does not collect money. A judgment for unpaid rent is separate and is enforced like any other money judgment, which is why some landlords recover the property quickly and the arrears never. For a tenant, that means being removed does not end the debt — and it is worth addressing rather than assuming it disappeared with the tenancy.
Related
Common questions
How long do you have after a writ of possession in Florida?
24 hours from when the sheriff posts it on the property. Saturdays, Sundays and legal holidays do not extend that period, unlike the three-day notice at the start of an eviction.
Can a landlord remove my belongings after an eviction in Florida?
Only the sheriff executes the writ and restores possession. A landlord cannot change locks or remove belongings themselves at any stage, including after obtaining a judgment.
How long does the whole eviction process take in Florida?
It depends on whether the tenant responds. Uncontested, it can run from the initial notice to a posted writ in a few weeks. A contested case with a proper defence takes considerably longer.
Can a writ of possession be stopped?
Rarely at that stage, but a writ obtained on a defective notice or without proper service can be challenged. There is very little time, so advice needs to be immediate.
Does eviction cancel the rent I owe?
No. A writ restores possession only. Any money judgment for unpaid rent is separate and is enforced like any other judgment.
Residential evictions are governed by Chapter 83, Part II, with the writ of possession under §83.62. Court procedure and sheriff scheduling vary by county. General information, not legal advice — if you are facing an eviction, get advice quickly.
