Award of Possession in Florida
An award of possession is a court order granting a party the right to possess real property and directing the removal of the current occupant. In Florida, this remedy is used in eviction proceedings, foreclosure cases, and ejectment actions.
Eviction Process
In Florida residential evictions under Chapter 83, the landlord files a complaint after serving proper notice. If the court finds for the landlord, it enters a final judgment awarding possession. The clerk issues a writ of possession, and the sheriff provides the tenant 24 hours to vacate before physically removing them from the property.
Post-Foreclosure Possession
After a foreclosure sale, the new owner (often the foreclosing lender) may need a separate writ of possession to remove the former owner or occupants. Florida courts issue these writs as part of the foreclosure judgment or upon subsequent motion by the successful bidder.
Related Terms
- Eviction
- Foreclosure
- Judgment
Barnes Walker Litigation
Barnes Walker handles eviction and possession proceedings for Florida landlords and property owners. Contact us for guidance.
Florida Law Reference
Fla. Stat. Ch. 744
Governs the appointment of guardians, guardianship proceedings, and the rights of incapacitated persons (wards) in Florida.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC