Award of Possession
Definition:
An Award of Possession is a legal judgment or court order granting one party the lawful right to take possession of property, typically after a dispute, eviction, or foreclosure. It formally transfers possession from the current occupant or owner to the prevailing party, often the landlord, buyer, or lienholder. This award allows the rightful party to reclaim the property and, if necessary, seek enforcement through a writ of possession.
Award of Possession Information
An **Award of Possession** generally arises from court proceedings involving property disputes, such as evictions, foreclosures, or eminent domain cases. Once a court determines which party is entitled to possession, it issues a judgment or order officially granting that right. This award confirms legal ownership or tenancy rights and enables the prevailing party to request enforcement by law enforcement officers if the opposing party refuses to vacate. In landlord-tenant cases, it is a key step in the eviction process, as it legally authorizes the landlord to retake control of the rental property. In foreclosure or eminent domain situations, it transfers possession to the purchaser or governmental authority.
Florida Legal Definition
Under **Florida law**, an **Award of Possession** is governed primarily by **Florida Statutes Chapter 83** (Landlord and Tenant) and **Chapter 45** (Civil Procedure). After a final judgment for possession is entered—such as in an eviction or foreclosure case—the court may issue a **Writ of Possession** under **Fla. Stat. §83.62** or **§45.031** to enforce the award. This writ authorizes the county sheriff to remove the current occupant and restore possession to the prevailing party. In Florida’s eviction process, the award of possession follows a landlord’s successful claim for nonpayment or breach of lease, marking the final judicial determination of the right to possess the property.
How It’s Used in Practice
In practice, an **Award of Possession** is commonly used in landlord-tenant, foreclosure, and property title disputes. For example, when a Florida landlord wins an eviction lawsuit, the court issues an award of possession, giving the landlord the legal right to retake the rental unit. The landlord then requests a writ of possession, which the sheriff executes by removing the tenant. Similarly, after a foreclosure sale is confirmed, the court may grant an award of possession to the purchaser. Attorneys and property managers rely on this process to ensure that possession transfers are executed lawfully and with due process.
Key Takeaways
- An **Award of Possession** grants one party the legal right to take possession of a property following a court judgment.
- Commonly issued in eviction, foreclosure, and eminent domain proceedings.
- In **Florida**, governed by **Chapters 83 and 45 of the Florida Statutes**.
- Enforced through a **Writ of Possession**, executed by the county sheriff.
- Marks the legal transfer of possession after due judicial process.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
Trust • Experience • Results
Ready to Get Started?
Get started with Barnes Walker today.
