Florida Statute 83.62 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 83
LANDLORD AND TENANT

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F.S. 83.62

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.

F.S. 83.62 on Google Scholar

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Amendments to 83.62

Arrestable Offenses / Crimes under Fla. Stat. 83.62

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 83.62.

Annotations, Discussions, Cases:

Cases Citing Statute 83.62

Total Results: 9

Bensoussan v. Banon5

Court: District Court of Appeal of Florida | Date Filed: 2018-07-18

Citation: 252 So. 3d 298

Snippet: (Fla. 3d DCA 2010). I. Section 83.62, Florida Statutes, Is Inapplicable The

Ice v. the Cosmopolitan Residences on South Beach

Court: District Court of Appeal of Florida | Date Filed: 2017-12-13

Citation: 237 So. 3d 408

Snippet: Finally, the Association’s reliance on section 83.62(2), Florida Statutes (2012), is also unavailing

Skelton v. Real Estate Solutions Home Sellers, LLC

Court: District Court of Appeal of Florida | Date Filed: 2016-11-04

Citation: 202 So. 3d 960, 2016 Fla. App. LEXIS 16567

Snippet: the trial court erroneously relied ■ upon section 83.62,- Florida Statutes (2015). That statutory provision

Cohen v. Ginsberg

Court: District Court of Appeal of Florida | Date Filed: 1998-08-14

Citation: 715 So. 2d 1113, 1998 Fla. App. LEXIS 10428, 1998 WL 484487

Snippet: entry of judgment in favor of the landlord.” § 83.62(1), Fla. Stat. (1997). Ginsberg argues that she

Ago

Court: Florida Attorney General Reports | Date Filed: 1989-01-05

Snippet: sheriff of distress writ for amount of rent due); s. 83.62, F.S. (writ restoring possession of premises to

Winfield v. Lazarus

Court: District Court of Appeal of Florida | Date Filed: 1984-02-15

Citation: 444 So. 2d 1167, 1984 Fla. App. LEXIS 11782

Snippet: BERANEK, Judge. This interlocutory appeal arises out of a breach of contract case. The case was filed in 1979, and the court eventually entered a summary judgment for plaintiff on liability in December, 1982. Defendant appeals urging that issues of fact were present in the record. Plaintiff argues that it was really not a summary judgment at all — it was, according to plaintiff, a sanction or a default based on defendant’s misconduct. The total noncompliance with the Rules of Civil Procedure evidenced

Snippet: tenants (particularly F.S. Section 83.41 and Section 83.62, F.S.A.) either enacted earlier in time or enacted

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