Florida Writ of Possession: The 24-Hour Rule (Fla. Stat. s. 83.62)

In a Florida action for possession, after judgment in favor of the landlord, the clerk issues a writ commanding the sheriff to put the landlord in possession after 24 hours' notice conspicuously posted on the premises. Fla. Stat. s. 83.62 says Saturdays, Sundays, and legal holidays do not stay that period. Once the writ is executed, the landlord may remove personal property to or near the property line, and the sheriff may be asked to stand by while the locks are changed.

What s. 83.62(1) says

Section 83.62(1) states: "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."

1. Judgment in favor of the landlord is entered in an action for possession.
2. The clerk issues the writ to the sheriff, describing the premises.
3. Notice is "conspicuously posted on the premises." The statute does not say who posts it or where.
4. The 24-hour period is not stayed by Saturdays, Sundays, or legal holidays.
5. The sheriff puts the landlord in possession.

The 24-hour period

A notice posted at 2 p.m. on a Friday gives a 24-hour period that ends at 2 p.m. on Saturday. The weekend does not stay it. Chapter 83 does not say which days or hours a sheriff's office carries out writs or how it schedules them. Ask the sheriff's office.

What the landlord may do after execution

Section 83.62(2) says: "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." It also provides: "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 that request is made, the sheriff may charge a reasonable hourly rate, and the person who asks is responsible for paying it. The subsection ends: "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."

What the landlord may not do

Fla. Stat. s. 83.67 prohibits, among other things:

• Under subsection (1), causing "the termination or interruption of any utility service furnished the tenant," including water, heat, light, electricity, and gas, directly or indirectly.
• Under subsection (2), preventing "the tenant from gaining reasonable access to the dwelling unit by any means, including, but not limited to, changing the locks or using any bootlock or similar device."
• Under subsection (5), removing the outside doors, locks, roof, walls, or windows "except for purposes of maintenance, repair, or replacement."
• Also under subsection (5), removing the tenant's personal property unless it is done "after surrender, abandonment, recovery of possession of the dwelling unit due to the death of the last remaining tenant in accordance with s. 83.59(3)(d), or a lawful eviction."

Section 83.62(2) mentions changing the locks only after the writ is executed. Before that, s. 83.67(2) applies on its text, and it states no exception.

Under subsection (6), "A landlord who violates any provision of this section shall be liable to the tenant for actual and consequential damages or 3 months' rent, whichever is greater, and costs, including attorney's fees."

The storage clause in s. 83.67(5)

Section 83.67(5) says that "If provided in the rental agreement or a written agreement separate from the rental agreement, upon surrender or abandonment by the tenant, the landlord is not required to comply with s. 715.104 and is not liable or responsible for storage or disposition of the tenant's personal property." If it is in the rental agreement itself, a legend in substantially this form must be printed or clearly stamped on it (quoted from the statute):

BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.

The clause is written for surrender or abandonment. Section 83.67(5) does not say it covers property left after a writ eviction. Section 715.104 is outside Chapter 83: read it or ask a Florida attorney.

The money judgment

Fla. Stat. s. 83.625 applies to an action for possession based upon nonpayment of rent: "if the court finds the rent is due, owing, and unpaid and by reason thereof the landlord is entitled to possession of the premises, the court, in addition to awarding possession of the premises to the landlord, shall direct, in an amount which is within its jurisdictional limitations, the entry of a money judgment with costs in favor of the landlord and against the tenant for the amount of money found due, owing, and unpaid by the tenant to the landlord."

It then sets limits: "no money judgment shall be entered unless service of process has been effected by personal service or, where authorized by law, by certified or registered mail, return receipt, or in any other manner prescribed by law or the rules of the court; and no money judgment may be entered except in compliance with the Florida Rules of Civil Procedure." It adds that "The prevailing party in the action may also be awarded attorney's fees and costs." How a money judgment is collected is outside Chapter 83.

Common mistakes

• Changing the locks before the writ is executed (s. 83.67(2)).
• Interrupting a utility service (s. 83.67(1)).
• Removing the tenant's personal property before surrender, abandonment, or a lawful eviction (s. 83.67(5)).
• Reading the s. 83.67(5) storage clause as covering a writ eviction. Its text refers to surrender or abandonment.
• Skipping the weekend when counting the 24 hours.

Chapter 83 does not describe what the posted notice must look like or how a sheriff's office schedules an execution. Ask the sheriff's office, and see a Florida landlord-tenant attorney for any contested eviction.

Sources

• Fla. Stat. s. 83.62 — Florida Senate, 2026 Florida Statutes
• Fla. Stat. s. 83.625 — Florida Senate, 2026 Florida Statutes
• Fla. Stat. s. 83.67 — Florida Senate, 2026 Florida Statutes

Related guides

• Florida Security Deposit Deadline Calculator (2026) (free tool)
• Florida Security Deposit Law: The 15-Day / 30-Day Timeline (2026)
• Florida Notice of Intent to Claim a Security Deposit (Template)
• What Happens if a Florida Landlord Misses the 30-Day Deposit Deadline
• Florida 3-Day Notice to Pay Rent or Vacate: Form, Counting, Service
• Florida 7-Day Notice: Cure vs. Unconditional Quit
• Did Florida Change the 3-Day Notice to 5 Days? (SB 716, 2026)
• Can Florida Landlords Send Legal Notices by E-mail? (s. 83.505)
• Florida Landlord Entry Rules: Notice Before Entering (s. 83.53)
• Florida Month-to-Month Lease: Notice to End the Tenancy (s. 83.57)
• Florida Lockouts, Utility Shutoffs and Prohibited Landlord Practices
• Florida Landlord Repair Duty and the Tenant's Rent Defense (s. 83.60)
• Florida Preempts Local Landlord-Tenant Rules: What s. 83.425 Covers
• Florida Tenant Registry Deposit Rule (Fla. Stat. s. 83.60)
• Florida Double Rent for Tenant Holdover (Fla. Stat. s. 83.58)
• Void Lease Clauses in Florida Rentals (Fla. Stat. s. 83.47)

Informational only, not legal advice. Statute text checked against the 2026 Florida Statutes (Chapter 83, Part II) on October 4, 2026. Statutes change every legislative session and a court may read them differently than a summary does; for a dispute, an eviction or anything expensive to get wrong, talk to a Florida landlord-tenant attorney.