The Rule:

On March 24, 2020, the Supreme Court of Florida issued Order Number AOSC20-17, specifically addressing Writs of Possession in Eviction proceedings. This Order will delay many Evictions on a statewide basis in Florida. The Order states that “Given the exigencies of the public health emergency, the requirement in Florida Rule of Civil Procedure 1.580(a) for the clerk to issue a writ of possession “forthwith” shall be suspended through the close of business on Friday, April 17, 2020, or as provided by subsequent order.”

What this Means:

In an Eviction proceeding, a Writ of Possession is the judicial order that directs the Sheriff to remove the Tenant(s) from the Property, and grants possession back to the Landlord or Property Owner.

Overview of a standard residential Eviction Process before the March 24th Ruling:

  1. Landlord files for eviction and obtains a final judgment
  2. The Clerk immediately issues the Writ of Possession
  3. The issued Writ then gets sent to the Sheriff’s Office directing the Sheriff to remove the Tenant(s) from the home
  4. The Sheriff follows protocol and remove the tenant(s) from the home

Jennifer Mantoni, of Mantoni Legal Law Firm explains what Order Number AOSC20-17 means to landlords and tenants

The Florida Supreme Court’s Order has suspended the Clerk’s ability to issue the Writs until Friday, April 17, 2020, or as provided by subsequent order, so there will be no issued Writs for the Sheriff to execute.

How this Affects Landlords and Property Owners:

This Order may delay your current Eviction proceeding. However, this Order does not prevent Landlords or Property Owners from filing an eviction action and seeing it through all the way to the final judgment for possession. Depending on the specific situation the Landlord or Property Owner is experiencing with their Tenant(s) it may be advisable to file the Eviction as soon as possible. Remember, it is approximately 20 – 30 days to obtain the Final Judgment for Possession, so your Eviction may not be affected or delayed by this Order if it’s filed now.

How this Affects Tenants:

While the order may delay the current eviction process, it does not stop it completely.  If you violate the terms of your lease (including refusal to pay your rent,) the landlord still has the right to begin the eviction process. The eviction process typically takes approximately 20 – 30 days to obtain the Final Judgment for Possession. If your landlord files an eviction today, then you may be evicted before the end of April.

If you are having problems meeting the terms of your lease, talk to your landlord.

 

Contact Mantoni Legal:

P: (239) 687-3828 
F: (855) 740-1933
jlm@mantonilegal.com

1777 Tamiami Trail,  Ste 409
Port Charlotte, FL 33948
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