Florida Statutes

Fla. Stat. § 83.62 (2025)

Restoration of possession to landlord.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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83.62 Restoration of possession to landlord.—

(1) In an action for possession, after entry of judgment in favor of the landlord, the clerk shall issue a writ to the sheriff describing the premises and commanding the sheriff to put the landlord in possession after 24 hours’ notice conspicuously posted on the premises. Saturdays, Sundays, and legal holidays do not stay the 24-hour notice period.

(2) At the time the sheriff executes the writ of possession or at any time thereafter, the landlord or the landlord’s agent may remove any personal property found on the premises to or near the property line. Subsequent to executing the writ of possession, the landlord may request the sheriff to stand by to keep the peace while the landlord changes the locks and removes the 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. Neither the sheriff nor the landlord or the landlord’s agent shall be liable to the tenant or any other party for the loss, destruction, or damage to the property after it has been removed.

History.—s. 2, ch. 73-330; s. 3, ch. 82-66; s. 5, ch. 88-379; s. 8, ch. 94-170; s. 1375, ch. 95-147; s. 2, ch. 96-146; s. 13, ch. 2013-136.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1974–2025 · leading case: Bensoussan v. Banon5, 252 So. 3d 298 (Fla. 3d DCA 2018).

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Bensoussan v. Banon5, 252 So. 3d 298 (Fla. 3d DCA 2018). · cites it 7× “Section 83.62, Florida Statutes, Is Inapplicable The trial court order states that the Prior Owners were alleging that “the put-out on July 15, 2015 is governed by Florida Statutes § 83.”

Zissu v. IH2 Prop. Illinois, L.P., 157 F. Supp. 3d 797 (N.D. Ill. 2016). “, Fla. Stat. § 83.62 (2) (allowing the -landlord to remove personal property found on the premises and stating that the landlord shall not be liable for damage or loss of the property after it is removed); Ga.”

Khan v. Heritage Prop. Mgmt., 584 N.W.2d 725 (Iowa Ct. App. 1998). · cites it 2× “, Fla. Stat. Ann. § 83.62 (West 1997); Mass.”

Skelton v. Real Est. Solutions Home Sellers, LLC, 202 So. 3d 960 (Fla. 5th DCA 2016). · cites it 7× “Additionally, as part of its rationale for granting summary judgment, the trial court erroneously relied ■ upon section 83.62,- Florida Statutes (2015). That statutory provision and related immunity provisions concern the rights and duties of a landlord retaking a leased…”

Stewart v. Green, 300 So. 2d 889 (Fla. 1974). “41 and Section 83.62, F.S.A.) either enacted earlier in time or enacted in pari materia, it takes precedence thereover.”

Post v. Wallace, 15 Fla. Supp. 2d 1 (Fla. Cty. Ct. 1985). “The Defendant was not served with a copy of the Writ of Possession and the “Twenty-four Hour Warning”, required by Florida Statute Section 83.62 until December 10, 1984. The Defendant, apparently, chose to ignore the “Twenty-four Hour Warning” which had been posted on the…”

Home Pipeline Holdings, LLC, Etc. v. Chryl Nicolas (Fla. 3d DCA 2025). · cites it 6× “” and further provided that “[t]he clerk is directed to issue a writ of possession to Plaintiff,” pursuant to section 83.62, Florida Statutes (2025). No appeal was taken by Ms.”

Ice v. the Cosmopolitan Residences on South Beach, 237 So. 3d 408 (Fla. 3d DCA 2017). · cites it 3× “Finally, the Association’s reliance on section 83.62(2), Florida Statutes (2012), is also unavailing.”

Metro. Dade Cnty. v. Green, 43 Fla. Supp. 2d 85 (Fla. Cir. Ct. 1990). · cites it 2× “We therefore reverse only the challenged portion of the lower court’s *86 judgment and remand the case with instructions to issue a writ of possession pursuant to the provisions of section 83.62, Florida Statutes (1989). REVERSED and REMANDED with instructions.”

Cohen v. Ginsberg, 715 So. 2d 1113 (Fla. 4th DCA 1998). · cites it 2× “” § 83.62(1), Fla. Stat. (1997). Ginsberg argues that she was entitled to the writ of possession because her complaint contained a claim for ejectment, which was within the jurisdiction of the circuit court.”

— 83.62(1) — 2 cases

Home Pipeline Holdings, LLC, Etc. v. Chryl Nicolas (Fla. 3d DCA 2025). “” and further provided that “[t]he clerk is directed to issue a writ of possession to Plaintiff,” pursuant to section 83.62, Florida Statutes (2025). No appeal was taken by Ms.”

Cohen v. Ginsberg, 715 So. 2d 1113 (Fla. 4th DCA 1998). “” § 83.62(1), Fla. Stat. (1997). Ginsberg argues that she was entitled to the writ of possession because her complaint contained a claim for ejectment, which was within the jurisdiction of the circuit court.”

— 83.62(2) — 2 cases

Bensoussan v. Banon5, 252 So. 3d 298 (Fla. 3d DCA 2018). “Section 83.62, Florida Statutes, Is Inapplicable The trial court order states that the Prior Owners were alleging that “the put-out on July 15, 2015 is governed by Florida Statutes § 83.”

Ice v. the Cosmopolitan Residences on South Beach, 237 So. 3d 408 (Fla. 3d DCA 2017). “Finally, the Association’s reliance on section 83.62(2), Florida Statutes (2012), is also unavailing.”

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