Writ of Possession – Final Notice of Eviction

Broward County Final Notice of Eviction

Broward County Final Notice of Eviction

The Writ of Possession is the final phase of the Court eviction process. This is the order by the Court, which upon issuance by the clerk, directs the Sheriff of the County to place the tenants on notice that after 24 hours the Sheriff will cause the Plaintiff to be put back in possession of the premises.When the Sheriff’s Office gets the Writ of Possession, they append a Notice of Final Eviction. The Broward County Sheriff’s Office Notice reads as follows:

FINAL NOTICE OF EVICTION – Under the provisions of Florida Statutes, a Court order has been issued which requiring that all persons be removed from these premises. All persons must permanently remove themselves from this property no later than tomorrow midnight (excluding weekends and court holidays). Any person remaining in these premises past the deadline will be removed by the Broward Sheriff’s Office and may be subject to arrest for trespassing. Warning: any animals found unattended at this location will be removed by animal control. Al Lamberti, Sheriff Broward County, Florida

Timing for the posting of this notice can vary depending on the Sheriff’s Office workload and the time of year. Generally, once the Sheriff’s Office receives the order from the Court, the property is posted withint one to five business days. After the 24 hours has passed, the Sheriff’s Office will call to determine if the tenant(s) are still in possession of the property. If so, they will schedule a time for a Deputy to witness the changing of the locks and removal of the tenant(s), if necessary.

Order to Post Money to Court Registry

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During the pendency of an eviction case, whether residential or commercial, the Court may enter an order requiring the Tenant to post money into the Court registry. The Order may also include language that requires the Tenant to continue to post rent money to the registry of the court when each new payment becomes due. The Fourth District Court of Appeal recently issued an opinion on this very issue in a commercial tenant eviction.

In the case of Poal Wk Taft v. Johnson Medical Center, 45 So.3d 37 (Fla. 4th DCA 2010), the lower court issued an order requiring the Tenant to post money into the registry of the court. The Appeals Court opinion said that, not only was the continued posting of rent to the court registry required as it became due, but the Tenant is also requried to do the same by statute. During a commercial tenant eviction, “the tenant is required, even without court order, to make payments into the registry of the court when due.” Id. In the absence of strict compliance with these requirements, the landlord is entitled to a writ of possession without further hearing. Id.

If you need assistance with a residential or commercial eviction, please call the attorneys at Oates & Oates.