Stopping the Writ of Possession
Just DON’T do it! There are reasons.
Stopping the Writ of Possession because you think the Tenant has vacated is usually a bad idea and a complete waste of the money you spent with the sheriff’s department for getting the job done. As soon as you authorize your attorney to have the Writ of Possession sent to the sheriff, your attorney sends a payment out for a minimum of $90 immediately.
Always execute the Writ of Possession completely once it has been issued. You paid for it, so now get your money’s worth. Most importantly is to have the sheriff’s deputy completely walk the unit by himself or herself prior to you taking possession. Often the property manager will receive a phone call from the sheriff’s deputy asking the manager whether the Tenant is still in the unit. The answer should always be, “I really do not know, but we need you to meet us at the property and fully execute the Writ of Possession, as this is our company policy.” DO NOT allow the sheriff to get out of doing the job you paid for.
What to say when the deputy calls: “I really do not know, but we need you to meet us at the property and fully execute the Writ of Possession, as this is our company policy.”
Do not Cancel the Writ of Possession – The Phone Call
The sheriff’s deputy will call you once the Writ of Possession is served. The purpose of this call is to set up the date and time for you to meet with the sheriff’s deputy to “execute” the Writ of Possession. DO NOT let the sheriff’s deputy convince you that if the Tenant has vacated, somehow you do not have to meet the sheriff’s deputy at the property. If you tell the sheriff’s deputy the Tenant has vacated, the sheriff’s deputy will ask you if you then want him or her to come out to execute the Writ of Possession, implying that it is not necessary. IF YOU SAY NO, the sheriff’s deputy will “NON-SERVE” the Writ of Possession, canceling the Writ of Possession execution, and you will NOT have completely evicted the Tenant. The sheriff’s deputies do this all over Florida every single day, so they will not have to come out and finish what they have been paid to do. It saves them time at YOUR expense.
Meeting The Sheriff’s Deputy
It is imperative that when you meet the sheriff’s deputy, you have your locksmith present, or at least the ability to change the locks and secure the unit if you do this on your own. Some sheriff’s deputies have been known to “non-serve” the Writ of Possession if you do not change the locks. Be ready to secure the unit.
Walking the Unit – The Danger
The execution of the Writ of Possession can be a dangerous activity. While most “normal” Tenants have vacated the premises by the time of the Writ of Possession execution, some will stay behind and wait for the sheriff’s deputy to physically remove them. In the worst cases, Tenants have committed suicide or attempted suicide at the very time the Writ of Possession was being executed. In some cases, the Tenant hides in the unit. It is crucial that the sheriff’s deputy completely walk the rental unit while you and your maintenance tech wait safely outside of the unit. This is a very dangerous time that can be full of surprises. Many sheriff’s deputies will go into the unit with their guns drawn. You want to demand that the sheriff’s deputy check each and every room, closet, under any beds, behind furniture, behind blinds, behind shower curtains, the garage, attic, crawl spaces, every room and ANYWHERE a person can hide. We have seen extremely dangerous encounters in which the property manager or maintenance techs have gone into the unit after the sheriff’s deputy has departed, only to be confronted and attacked by the Tenant who hid in the unit and was there the whole time.
Warning: Wait safely outside with your maintenance tech while the deputy walks every room, closet, attic, crawl space and ANYWHERE a person can hide. Never enter the unit before the deputy has cleared it.
We Cannot Stress this More
Probably the most frustrating part of our job as attorneys handling evictions is to see a property manager improperly deal with the Writ of Possession. No matter how many times we advise them to execute the Writ of Possession and meet the sheriff’s deputy, so many of our clients will allow the sheriff’s deputy to convince them that this is not necessary. This is a huge mistake. Finally, when meeting the sheriff’s deputy, PLEASE make certain the sheriff’s deputy fully does his or her job and walks the unit slowly and carefully. You paid for service, now make sure you get service. Your life could depend on it.
Watch: Executing a Writ of Possession
Questions about a Writ of Possession? Contact the Law Offices of Heist, Weisse & Wolk at info@evict.com or 1-800-253-8428.
