Florida Statute 83.62 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 83
LANDLORD AND TENANT

View Entire Chapter

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

F.S. 83.62 on CourtListener

Amendments to 83.62

Annotations, Discussions, Cases:

Cases Citing Statute 83.62

Total Results: 5

Stewart v. Green

300 So. 2d 889

Supreme Court of Florida | Filed: Jul 10, 1974 | Docket: 1434919

Cited 15 times | Published

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

Bensoussan v. Banon5

252 So. 3d 298

District Court of Appeal of Florida | Filed: Jul 18, 2018 | Docket: 7461928

Cited 1 times | Published

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

Ice v. the Cosmopolitan Residences on South Beach

237 So. 3d 408

District Court of Appeal of Florida | Filed: Dec 13, 2017 | Docket: 6240841

Published

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

Skelton v. Real Estate Solutions Home Sellers, LLC

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

District Court of Appeal of Florida | Filed: Nov 4, 2016 | Docket: 4487374

Published

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

Cohen v. Ginsberg

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

District Court of Appeal of Florida | Filed: Aug 14, 1998 | Docket: 64782156

Published

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