What are a Tenant’s Rights after they receive a twenty-four hour notice to vacate? After a Florida Judge enters a Final Judgment of Eviction in the State of Florida, the Clerk of Court will sign a Writ of Possession and send it to the Sheriff to Execute. The Writ of Possession allows the Sheriff to enter the property to remove a Tenant and their belongings if the Tenant has not already vacated. Prior to the Writ of possession being Executed on the Tenant, the Sheriff will post a twenty-four (24) notice to vacate on the Tenant’s door. This notice allows the Tenant the opportunity to vacate the property within twenty-four (24) hours as well as remove all their belongings. There are circumstances that would allow the Defendant the file an Emergency Motion to Stay the Writ of Possession that was signed by the Clerk. These circumstances include but are not limited to:
- The rent has already been paid to the Landlord and they are unlawfully evicting the Tenant;
- The Tenant vacated the property prior to the eviction being filed; and
- The Landlord and the Tenant entered into an agreement during the Eviction case, but the Landlord has decided to proceed with the Eviction in bad faith.
The above scenarios can be effective in arguing an Emergency Motion to Stay the Writ of Possession in Court. If the Court finds that your Motion contains a sufficient legal argument, your Motion may be granted and the writ of possession will be stayed. If you are a Florida Tenant that has received a twenty-four (24) hour notice to vacate from the Sherriff, contact 954 Eviction Attorneys, PLLC today. We are available twenty-four hours a day, seven (7) days a week to assist you in protecting your rights as a tenant. Call us today at (954) 323-2529.