After a Florida judge signs the final judgment for possession, the landlord asks the clerk to issue a writ of possession, the sheriff posts a 24-hour notice on the door, and if the tenant is still inside when that notice expires, a deputy returns to oversee the lockout. That is the short version of what happens after a final eviction judgment in Florida. The judgment itself ends the tenant’s legal right to stay, but it does not let the landlord change locks, cut utilities, or move anyone’s belongings. Only the sheriff, acting on the writ, can carry out the physical removal.
What the Judgment Does and Does Not Authorize
The final judgment identifies the parties, describes the property, and declares the landlord entitled to immediate possession. That terminates the tenant’s right to remain. It does not, by itself, authorize anyone to enter the unit or remove the tenant. For that, the landlord needs a separate document called a writ of possession.
Florida courts commonly issue a bifurcated judgment that splits the case into two parts. The possession portion moves on an expedited track and controls when the tenant has to leave. The money portion covers unpaid rent, late fees, court costs, and attorney fees, and creates a lien the landlord can pursue later through collection tools like wage garnishment. The two parts travel on different timelines: possession happens in days, money collection can take months or years.
Getting the Writ of Possession
Once the judgment is signed, the landlord requests the writ from the Clerk of the Court. The clerk verifies the judgment, prepares the writ describing the property, and directs it to the sheriff.1The Florida Legislature. Florida Code 83.62 – Restoration of Possession to Landlord A Florida Attorney General opinion concluded that no separate clerk fee is prescribed by statute for issuing the writ in a residential possession case.2My Florida Legal. Fees and Writ of Possession
The sheriff’s office charges its own fee to execute the writ. In many Florida counties this runs $90 per writ, typically split into a service fee and an execution fee, and payment is required upfront by check, money order, or exact cash.3Sarasota County Sheriff’s Office. Civil Procedures – Section: Writ of Possession Without the writ, the sheriff has no authority to enter the property, and the final judgment alone is not enough to compel anyone to leave.
CARES Act 30-Day Notice for Covered Properties
One federal rule can delay enforcement before the writ even goes out. Under the CARES Act, a landlord whose property has a federally backed mortgage or participates in certain federal housing programs cannot require a tenant to vacate without providing at least 30 days’ written notice.4Office of the Law Revision Counsel. 15 USC 9058 – Temporary Moratorium on Eviction Filings The original 120-day moratorium on filing expired in July 2020, but the 30-day notice provision has no expiration date and remains in effect. Covered properties include those with loans backed by Fannie Mae, Freddie Mac, FHA, VA, or USDA, along with HUD-subsidized units and Low-Income Housing Tax Credit properties. Failing to provide the required notice can invalidate the eviction.
The 24-Hour Notice and the Lockout
After the sheriff receives the writ, a deputy visits the property and posts a 24-hour notice in a conspicuous place, usually the front door. The notice tells the tenant they have 24 hours to leave voluntarily.1The Florida Legislature. Florida Code 83.62 – Restoration of Possession to Landlord
Weekends and holidays do not pause the clock. Unlike the five-day response period for the original summons, the statute governing the writ specifically provides that Saturdays, Sundays, and legal holidays do not stay the 24-hour period. A notice posted Friday afternoon expires Saturday afternoon, not Monday. Tenants who assume they have the weekend often come home to a changed lock.
If the tenant is still inside when the 24 hours run out, the deputy returns to oversee the physical eviction. The deputy stays on site while the landlord or a locksmith changes the locks and secures the entrance. The tenant’s access ends at that moment.
What Happens to the Tenant’s Belongings
When the writ is executed, the landlord or their agent may remove any personal property found inside and place it at or near the property line.1The Florida Legislature. Florida Code 83.62 – Restoration of Possession to Landlord Florida law is blunt: neither the sheriff nor the landlord is liable for loss, destruction, or damage to the tenant’s property once it has been removed. There is no statutory duty to store belongings or notify the tenant before disposing of them after the writ is executed. Anything a tenant wants to keep must come out during the 24-hour window.
What the Tenant Can Still Do
A tenant who received a default judgment is not necessarily out of options. Florida Rule of Civil Procedure 1.540(b) allows a motion to set aside a default. To succeed, the tenant generally has to show a reasonable excuse for missing the deadline, prompt action after learning of the default, and a legitimate defense to the eviction. A proposed answer laying out those defenses should be attached to the motion. Courts have discretion. A tenant who was genuinely unaware of the lawsuit due to bad service, hospitalization, or military deployment stands a much better chance than one who simply ignored the paperwork.
A tenant who lost at a hearing rather than by default can appeal. The notice of appeal has to be filed within 30 days of the final judgment, and appeals from county court eviction cases go to the circuit court. Filing an appeal does not stop the eviction. To pause enforcement, the tenant has to seek a stay from the court, which typically requires posting a bond or continuing to deposit rent into the court registry during the appeal. Without a stay, the writ of possession moves forward while the appeal is pending.
Servicemembers Civil Relief Act
Before entering any default judgment, the court requires the landlord to file an affidavit stating whether the tenant is on active duty.5United States Courts. Servicemembers Civil Relief Act (SCRA) Skipping that step can void the judgment. If the tenant is an active-duty servicemember and the rental is their primary residence with rent below the annually adjusted threshold (currently exceeding $10,000 per month), the landlord cannot evict without a specific court order. The court can stay the eviction for at least 90 days and may extend it further if military service has materially affected the servicemember’s ability to pay.6Office of the Law Revision Counsel. 50 USC 3951 – Evictions and Distress A landlord who knowingly evicts a protected servicemember without a court order faces criminal penalties including up to one year in prison.
Bankruptcy Automatic Stay
If the tenant files for bankruptcy after the landlord already has a possession judgment, the automatic stay generally does not block enforcement of the eviction.7Office of the Law Revision Counsel. 11 USC 362 – Automatic Stay The tenant can buy up to 30 days by filing a certification with the bankruptcy court and depositing the next month’s rent, but the certification also has to state that the tenant can cure the entire monetary default behind the judgment. Miss the certification or the deposit and the exception applies immediately.
Fair Housing Act Accommodation
A tenant with a disability can request a reasonable accommodation that affects the eviction timeline, such as asking the landlord to accept late rent payments tied to an irregular income schedule. The provider must grant the request if the tenant has a disability, the accommodation is necessary, and granting it does not create an undue financial or administrative burden. This protection applies even after a lawsuit is filed, and refusing a reasonable request can expose the landlord to a fair housing claim on top of the eviction dispute.
Self-Help Is Still Illegal After the Judgment
Even with a signed judgment in hand, a landlord cannot shortcut the sheriff. Florida law prohibits interrupting any utility service, including water, electricity, gas, and garbage collection. It prohibits changing locks or installing any device that keeps the tenant out. And it prohibits removing outside doors, windows, or the tenant’s property except through a lawful eviction.8The Florida Legislature. Florida Code 83.67 – Prohibited Practices A tenant subjected to any of these tactics can sue for damages, and a landlord who takes matters into their own hands can end up liable even in a case they would otherwise have won.
How the Judgment Follows the Tenant
A final eviction judgment becomes part of the public court record and shows up on tenant screening reports. Under the Fair Credit Reporting Act, consumer reporting agencies can include civil judgments on background reports for up to seven years from the date of entry.9Office of the Law Revision Counsel. 15 USC 1681c – Requirements Relating to Information Contained in Consumer Reports During that window, most prospective landlords running a background check will see it, and many automatically reject applicants with any eviction history.
The money portion of the judgment is its own problem. If the landlord sells or assigns the unpaid rent debt to a collection agency, the Fair Debt Collection Practices Act still applies; the debt does not shed its consumer-protection status because a court entered a judgment.10Federal Trade Commission. Fair Debt Collection Practices Act A third-party collector has to follow the standard FDCPA rules on validation and harassment. A landlord personally enforcing the judgment through garnishment is not a “debt collector” under the Act, but any agency they hire is.