Navigating the eviction process can be challenging and complex, with the 11 Writ of Possession form playing a pivotal role in the culmination of this legal procedure. This document, integral to the eviction process, comes into play after a court has issued a final judgment evicting a tenant. Post-judgment, the Clerk of the Court endorses the writ, which then must be delivered to the Sheriff for enforcement. This enforcement includes serving the notice to the tenant and, if need be, forcibly removing them from the property 24 hours post-service. The writ outlines provisions for the Sheriff to assist in maintaining peace during the eviction, should the landlord request it, which might include supervision during the changing of locks or the removal of the tenant's personal property from the premises. Additionally, the document specifies that the landlord is responsible for any fees incurred for the Sheriff's services, calculated at a reasonable hourly rate. Embedded within Florida's legal framework by Section 83.62 of the Florida Statutes, this document not only is a testament to the legal formalities required in property reclamation but also emphasizes the importance of understanding legal obligations and rights. While the form includes a predefined structure, including details such as the landlord and tenant names, property description, and county of jurisdiction, it is essential to consult with a legal professional to navigate the process efficiently, highlighting the document’s importance in the broader context of property law and tenant eviction proceedings in Florida.
| Question | Answer |
|---|---|
| Form Name | Form 11 Writ Of Possession |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Other names | how to writ of possession, florida form 11, sample emergency motion to stay writ of possession, fl form 11 |
FORM 11
WRIT OF POSSESSION
This document should be delivered to the Clerk of the Court after the Court enters the final judgment evicting the Tenant. The Clerk will sign this Writ. After the Clerk signs this Writ, it must be delivered to the Sheriff to be served upon the Tenant and who, if necessary, will forcibly evict the Tenant after 24 hours from the time of service.
If requested by the Landlord to do so, the Sheriff shall stand by to keep the peace while the Landlord changes the locks and removes personal property from the premises. When such a request is made; the Sheriff may charge a reasonable hourly rate, and the person requesting the Sheriff to stand by to keep the peace shall be responsible for paying the reasonable hourly rate set by the Sheriff.
SOURCE: Section 83.62, Florida Statutes (2007)
FORM NOTES ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT COMPLETELY DESCRIBE REQUIREMENTS OF FLORIDA LAW. YOU SHOULD CONSULT AN ATTORNEY AS NEEDED.
IN THE COUNTY COURT, IN AND FOR
__________________ COUNTY, FLORIDA
[insert county in which rental property is located]
_______________________________________ |
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[insert name of Landlord] |
CASE NO. _________________________ |
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[insert case number assigned |
Plaintiff, |
by Clerk of the Court] |
vs. |
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________________________________________ |
WRIT OF POSSESSION |
[insert name of Tenant] |
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Defendant. |
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/ |
STATE OF FLORIDA
TO THE SHERIFF OF ______________________ [insert county in which rental property is located] COUNTY,
FLORIDA:
YOU ARE COMMANDED to remove all persons from the following described property in
__________________ [insert county in which rental property is located] County, Florida:
_________________________________________________________________________________ [insert legal or
street description of rental premises including, if applicable, unit number] and to put
_______________________________________________ [insert Landlord's name] in possession of it.
DATED this _____ day of _______________, 1920__.
(SEAL) |
Clerk, County Court |
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By: __________________________________ |
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Deputy Clerk |
Approved for use under rule |
This form was completed |
the Rules Regulating The Florida Bar |
with the assistance of: |
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Name: |
The Florida Bar 2010 |
Address: |
|
Telephone Number: |