Fla. Stat. § 83.40 et seq. § 83.62

Restoration of possession to landlord.

In Force
Verified 10/28/2026 · Next check 11/4/2026
FloridaSummary Process

Operative Text

Fla. Stat. § 83.40 et seq. § 83.62
(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 possession after 24 hours’ notice conspicuously posted on the premises. Saturdays, Sundays, and legal holidays do not stay the 24-hour notice period. (2) At the time the sheriff executes the writ of possession or at any time thereafter, the landlord or the landlord’s agent may remove any personal property found on the premises to or near the property line. Subsequent to executing the writ of possession, the landlord may request the sheriff to stand by to keep the peace while the landlord changes the locks and removes the personal property from the premises. When such a request is made, the sheriff may charge a reasonable hourly rate, and the person requesting the sheriff to stand by to keep the peace shall be responsible for paying the reasonable hourly rate set by the sheriff. Neither the sheriff nor the landlord or the landlord’s agent shall be liable to the tenant or any other party for the loss, destruction, or damage to the property after it has been removed.
Source: Legislative text reproduced verbatim
Plain English

Florida Statute § 83.62 establishes the process by which a landlord regains physical possession of a rental property after winning an eviction judgment. Once a court enters judgment for the landlord, the court clerk issues a writ of possession to the sheriff, who must post a 24-hour notice on the property before executing the writ — weekends and legal holidays do not pause that countdown. After the writ is executed, the landlord may move the tenant's remaining personal property to or near the property line, and neither the sheriff nor the landlord bears legal liability for loss or damage to items once they have been relocated.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 28, 2026

Plain English — not legal advice.

For Property Managers

Under Fla. Stat. § 83.62, a landlord who has obtained a judgment for possession works through the court clerk and sheriff — not through self-help — to regain the property. Compliant operators typically coordinate with the sheriff's office regarding the writ execution timeline and understand that the 24-hour posted notice period runs continuously, including through weekends and holidays. If a landlord wishes the sheriff to remain on-site while locks are changed or belongings are moved, the landlord is responsible for paying the sheriff's reasonable hourly standby rate.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Fla. Stat. § 83.62 governs what happens after a court has entered a judgment for possession against a tenant, including the required 24-hour notice period before the sheriff can physically execute the writ. Tenants should be aware that any personal property left on the premises may be moved to or near the property line once the writ is executed, and the statute limits the liability of the sheriff and landlord for items after removal. Tenants facing eviction proceedings may wish to consult a local tenant-rights organization or legal aid office to understand any available options before a writ of possession is executed.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Fla. Stat. § 83.515
Fla. Stat. ch. 83
Fla. Stat. § 83.40
Fla. Stat. ch. 83
Fla. Stat. § 83.515
Fla. Stat. ch. 83
Fla. Stat. ch. 83
Fla. Stat. § 83.49
Fla. Stat. ch. 83
Fla. Stat. ch. 83
Fla. Stat. § 83.51
Fla. Stat. § 83.505
Fla. Stat. ch. 83
Fla. Stat. § 83.49
Fla. Stat. § 83.45
Fla. Stat. § 83.47
Fla. Stat. ch. 83
Fla. Stat. § 83.43
Fla. Stat. § 83.505
Fla. Stat. ch. 83
Fla. Stat. § 83.505
Fla. Stat. § 83.59
Fla. Stat. § 83.51
Fla. Stat. § 83.52
Fla. Stat. § 83.505
Fla. Stat. § 83.60
Fla. Stat. § 83.49
Fla. Stat. § 83.46
Fla. Stat. § 83.56
Fla. Stat. § 83.56
Fla. Stat. § 83.57
Fla. Stat. § 83.59
Fla. Stat. § 83.575
Fla. Stat. § 83.55
Fla. Stat. § 83.51
Fla. Stat. § 83.64
Fla. Stat. § 83.50
Fla. Stat. § 83.60
Fla. Stat. § 83.49
Fla. Stat. § 83.56
Fla. Stat. § 83.682
Fla. Stat. § 83.52
Fla. Stat. § 83.59
Fla. Stat. § 83.56
Fla. Stat. § 83.49
Fla. Stat. § 83.49

Related Rules

§ 1
Persons entitled to summary process
§ 3
Judgment and execution; costs; appeal
§ 5
Appeal; bond; actions thereon; waiver; appeal of waiver or periodic payments; notice of decision

Source Information

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Fetched:Oct 28, 2026, 06:23 PM UTC