In an eviciton complaint, after the court awards the landlord a final judgement for possession, are there any other steps?

Asked over 2 years ago - Jacksonville, FL

We withheld rent because failure to cure violations, we had to rent hotels. this proceeding went on for 5 months. the last hearing the judge said he was making a final decission one way or other. by end of the day and we'd hear from him. We logged online and seen a final order for possession was entered. (which is ok caus ewe want out anyways) hyow ever does that mean theyre coming with police to put us out today? how many days do we have to remove ourselves and proeprty from apartment? is there other steps before this before they can remopve us. We want to leave but dont want to be caught with pants down so to say. and we assume we are not being ordered to pay anything, we must be "even" because the order says nothing of monies.

Attorney answers (3)

  1. Sergio Cabanas

    Pro

    Contributor Level 12

    5

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    Answered . It is my understanding that you had withheld rent, and the LL has proceeded with filing an eviction action for possession only, without any claim for back rent. It also appeaars that the judge had set a hearing and, ultimately, a judgment was entered in favor of LL and a Writ was issued today. If this is correct, then it appears your quesiton relates to the amount of time you have before the writ. Usually the eviction does not happen the same day. Depending on the county and the sheriff's procedure and workload, it usually takes a couple of days (at least) for the sheriff to get the writ and process it by assigning the case to a "route." Then the sheriff will post a notice at the property, giving you 24 (business) hours. They will offcially tell you they'll come back the next day, but usually (but not always) come back a few days later. Regardless of how it's handled, you should proceed with moving out as soon as possible, because the eviction seems inevitable and will happen very soon. It's also possible that the LL can get a money judgment as well, but you should have an atty to look at the paperwork to make sure and give you further guidance.

  2. Marva Lynn Wiley

    Contributor Level 10

    3

    Lawyers agree

    Answered . I agree with the prior poster about updating your contact information with the clerk because you should have received a copy of the Final Judgment for possession just as the Plaintiff/Landlord should receive a copy. The Final Judgment is the last step for the judge. The clerk, however, issues the writ of possession that the sheriff posts. The writ is then forwarded to the Sheriff for execution. In Florida, the Sheriff posts the writ a a 24 hour notice before the sheriff returns for the final removal when you will be unable to re-enter the dwelling.

  3. Carol Lynne Zimmerly

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . When the sheriff comes to post the Writ of Possession on your door, it will say that you have 24 hours. This usually translates to actually being 48 hours or more. Once you see the notice on the door, you should plan on being totally out and have the premises cleaned within 24 to 48 hours. You should turn over the keys to the landlord by calling him and having him meet you in front of the premises. Failing that, mail the keys overnight certified mail to the landlord and let him know by phone or email as you are about to mail them.

    This Final Judgment is only as to Count One for Possession of the premises. If there was a Count Two for Money Damages, then that will be addressed at a later time. You should always update your current mailing address with the Clerk of the Courts for each lawsuit you are involved in. If you don't, then you will not be notified when the next hearing occurs. Also, update the person who sued you and their attorney.

    Good luck!

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