Writ of Possession Florida: Timeline & Sheriff Lockout
The writ of possession is the final document in a Florida eviction — the court order authorizing the Sheriff to physically remove a tenant. After default judgment in Miami-Dade, the writ typically issues in 24–48 hours, and the Sheriff lockout follows in 5–10 business days.
After judgment: clerk issues writ in 24–48 hrs → Sheriff posts 24-hour notice → Sheriff performs lockout 5–10 business days later. Total from judgment to lockout in Miami-Dade: 7–14 days. The tenant has very limited options to stop the writ at this stage.
The 5 stages from judgment to lockout
- Day 0Stage 1
Default judgment entered
After tenant's 5-day response window expires with no answer, you (or your attorney) file a Motion for Default Final Judgment. Clerk enters judgment same-day for non-jury cases. Judgment includes possession + back rent + costs.
- Day 1–2Stage 2
Clerk issues writ of possession
You file a Motion for Writ of Possession (or it issues automatically with judgment, depending on the order). Clerk processes — 24–48 hour turnaround in Miami-Dade. Writ delivered to Miami-Dade Sheriff's Office Civil Service.
- Day 2–4Stage 3
Sheriff posts 24-hour notice
Sheriff deputy posts a "24-hour Notice to Vacate" on the unit's door. Florida law requires this notice between writ issuance and physical removal. The 24 hours run from the moment of posting, not the moment of issuance.
- Day 5–10Stage 4
Sheriff performs the lockout
Deputy returns to the unit, knocks, and ensures the tenant has vacated. If still present, deputy supervises immediate removal. Locksmith (provided by landlord) changes locks. Landlord regains possession.
- Day 5+Stage 5
Handle abandoned property
Florida requires landlords to follow Fla. Stat. § 715.104 — written notice to tenant's last known address giving 15 days to claim belongings. Items can be sold or disposed after the period expires. Failure to follow procedure exposes landlord to conversion claims.
What the Sheriff lockout costs
| Service | Fee | Notes |
|---|---|---|
| Sheriff service of writ | $90 | Per Miami-Dade Sheriff civil fee schedule |
| Locksmith | ~$80–150 | Landlord-provided; varies by lock complexity |
| Abandoned-property storage | Variable | Storage costs may be recovered from sale of goods |
What can stop a writ of possession at the last minute
Bankruptcy filing (Chapter 7 or 13)
Tenant files bankruptcy → automatic stay halts the lockout. Landlord must move in bankruptcy court for relief from stay (~2–4 weeks). Bankruptcy is the most common last-minute writ stopper.
Emergency motion to stay
Tenant requests an emergency hearing on grounds like new evidence or procedural defect. Granted rarely — only if there's clear cause. Adds 1–3 days at most.
Tenant cures the judgment
Tenant tenders the full judgment amount + costs to the landlord. Landlord generally must accept. Common in cases where tenant gets last-minute funding from FEMA, family, or a payment plan.
Hurricane / executive order
During declared disasters, the Governor may pause lockouts in affected counties for 30–60 days. The writ stays valid; only Sheriff execution is suspended.
Active-duty military (SCRA)
Tenant is active-duty military → Servicemembers Civil Relief Act protections may delay or stay the writ. Court must verify military status before allowing default-based writ to execute.
What landlords ask their attorneys at this stage
Can I show up at the Sheriff lockout?
Yes — and you should. The Sheriff requires the landlord (or a designee) to be present to take possession and bring a locksmith. Plan for the Sheriff's window — they typically schedule lockouts in the morning.
Can I move the tenant\'s belongings to the curb?
No. Florida\'s abandoned property statute (Fla. Stat. § 715.104) requires written notice and a 15-day storage period. Curbside disposal exposes you to conversion claims. The Sheriff lockout supervises only the immediate change of possession; abandoned-property handling is on you.
What if there are pets in the unit?
The Sheriff will not handle animals. If pets are present, contact Miami-Dade Animal Services in advance to arrange humane removal. The Sheriff will pause the lockout if pets are unsafe.
Related guides
Authoritative Florida resources
Primary sources for statutory text, court procedures, and licensed legal help.
- Florida Statutes Chapter 83Florida Residential Landlord and Tenant Act — full statutory textflsenate.gov
- Miami-Dade Clerk: Civil & Family CourtFiling fees, e-filing portal, courthouse detailsmiamidadeclerk.gov
- Miami-Dade Sheriff: EvictionsWrit of possession service procedures and Sheriff coordinationmiamidade.gov
- Florida Bar Lawyer Referral ServiceLocate a Florida-licensed eviction attorneyfloridabar.org
FAQ
How long does it take to get a writ of possession in Florida?
In Miami-Dade, the writ is typically issued within 24–48 hours of default judgment or final order. The clerk processes writs in the order received; e-filed motions for writ are usually faster than paper.
How long after the writ does the Sheriff lock out the tenant?
5–10 business days in Miami-Dade. The Sheriff posts a 24-hour notice on the door upon receiving the writ. The actual lockout occurs the next business day after the 24 hours expire (or as soon as the Sheriff's civil division can schedule).
Can the tenant stop the writ at the last minute?
Rarely. After judgment, the tenant's only options are: (1) emergency motion to stay (granted only with extraordinary cause), (2) Chapter 7 or 13 bankruptcy filing (triggers automatic stay — must move to bankruptcy court), or (3) tendering the full judgment amount + costs (which the landlord generally must accept). None of these are common.
Does the Sheriff remove the tenant's belongings?
No. The Sheriff supervises the lockout and ensures the tenant leaves with their immediate possessions, but the landlord is responsible for handling abandoned property. Florida requires landlords to follow Fla. Stat. § 715.104 for handling abandoned property — typically a 15-day notice and storage period before disposal.
What if the tenant is not home when the Sheriff arrives?
The Sheriff can perform the lockout without the tenant present if the 24-hour notice has expired. A locksmith changes the locks, the Sheriff documents the unit, and the landlord receives possession. The tenant's belongings remain in the unit subject to abandoned-property procedures.
Need help filing for the writ?
If you've already won judgment and need help with the writ motion + Sheriff coordination, connect with a Miami-Dade specialist.
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