Dispute logo



Writ of Possession in an Eviction Case

Updated on Mon Aug 08 2022 |

When to File a Writ of Possession

A writ of possession is a form that allows a landlord to obtain physical possession of a property if the tenant doesn't vacate. A writ of possession is used in Florida eviction cases after a judgement has been entered. The writ orders the sheriff of the county or city to physically remove a tenant, change locks, and provide physical access to the property to the landlord.

The exact timing varies by state and courthouse, but typically, a writ of possession is filled out and presented to the court clerk after a final judgement has been entered. In other words, after a judge has issued a judgement in the landlord's favor, the landlord can attempt to get physical possession of the property using a writ of possession.

Where to File a Writ of Possession?

Again this varies by state, but usually a writ of of possession is stamped by the court clerk (to indicate proof that the case has in fact been decided) and then delivered to the sheriff to execute the writ. The writ itself is a command from the court to the sheriff to take physical possession of a property and return it to the landlord.

As a result, the writ of possession is not typically filed in court. Instead, it is prepared by the plaintiff, given to the court to stamp, and then send to the sheriff. In some places, the court will send it to the sheriff themselves (with a check for sheriff fees provided by the plaintiff).

To speed things along, the plaintiff can prepare a writ of possession in advance, and bring it to court.

Related Forms

See All Forms →