A writ of possession—also known as a writ of eviction—is a court order issued after the landlord wins an eviction case in court against a residential or commercial tenant. This court order gives the landlord the exclusive right to possession of the property. The local sheriff or constable will often serve the writ of possession or eviction on the tenant and will physically remove the tenant if necessary.

A writ of possession is also issued to a purchaser of a property that was foreclosed on and sold at a sheriff’s sale—which historically took place on the courthouse steps, and sometimes still does. In the foreclosed property context, the writ of possession allows the purchaser who bought the property in foreclosure to take immediate possession of the property.

Laws regarding writs of possession or writs of eviction vary from state to state, including the amount of time the tenant has to vacate the property after being served with the writ of possession or writ of eviction—generally ranging from 24 hours to 30 days—before being physically removed by the sheriff or constable.

In Florida, a writ of possession is a legal instrument that a court issues to enforce an eviction judgment in favor of a landlord against a tenant, or to a new owner following a foreclosure sale. After a landlord wins an eviction lawsuit, the court will provide the landlord with a writ of possession if the tenant has not voluntarily vacated the premises. The writ of possession commands the sheriff to remove the tenant from the property. In Florida, once the writ is issued, the tenant typically has 24 hours to leave the property before the sheriff returns to enforce the writ and physically remove the tenant. This process ensures that the landlord or new owner can gain exclusive right to the property. The specific procedures and timelines can vary slightly depending on the local jurisdiction within Florida, but the general process is governed by Florida state statutes and is designed to be relatively swift to allow for the recovery of property rights by the prevailing party in an eviction or foreclosure action.