How Florida Renters Can Delay Sheriff Lockout After Eviction Judgment

Facing a sheriff lockout after an eviction order in Florida can be overwhelming for renters. However, state law gives tenants options to temporarily delay removal from their rental unit—especially if they file an appeal. Understanding the process to stay a sheriff lockout can buy critical time while your case is reviewed.

What Is a Sheriff Lockout in Florida?

When a landlord wins an eviction lawsuit (called an "unlawful detainer" or "removal of tenant" action), the court issues a final judgment. After that, your landlord can request a Writ of Possession, which tells the sheriff’s office to physically remove you from your home if you do not leave voluntarily. The sheriff will typically give you 24 hours' written notice before returning to change the locks and remove your belongings. This is commonly called a "sheriff lockout".

Can You Delay or "Stay" a Sheriff Lockout By Appealing?

Yes. Under Florida law, tenants may delay (or "stay") the sheriff lockout by filing certain legal actions, like an appeal or motion for a stay of the writ of possession. However, you must act quickly after the court issues a final judgment for eviction.

Key Steps to Stay Enforcement of an Eviction in Florida

• File a Notice of Appeal in the same court where your eviction judgment was entered.
• Request a "stay of the writ of possession" by filing a Motion to Stay (ask the judge to temporarily halt the lockout process).
• You may need to post a supersedeas bond. This is a financial deposit set by the court to guarantee rent will be paid while the appeal is ongoing.

The appeal process is strict and time-sensitive. You usually have only 30 days from the date the final judgment is entered to file your appeal. In some cases, you may have less time if the court uses summary (accelerated) procedures.

Official Florida Forms to Stay the Sheriff Lockout

• Notice of Appeal (View on Florida Courts)
  When to use: File this after an eviction judgment if you believe the decision was incorrect or your rights were violated.
  How to use: Complete the form and file it with the clerk of the court within 30 days of the judgment.
• Motion to Stay Writ of Possession (No statewide form, but you can use a written motion. Sample language can be found on Florida Courts Self-Help.)
  When to use: After filing the Notice of Appeal, submit this motion asking the judge to temporarily stop the sheriff lockout while your appeal is considered.
  How to use: File with the court immediately after your Notice of Appeal. Request a prompt hearing if possible.
• Supersedeas Bond (Rule 9.310, Florida Rules of Appellate Procedure)
  When to use: If the judge requires it as a condition of granting a stay. This amount is usually set to cover unpaid rent and court costs while your appeal is pending.
  How to use: Pay the bond at the court as instructed. Ask the clerk for details specific to your case and county.

Which Court Handles Evictions and Stays in Florida?

In Florida, residential evictions and related motions (like a Motion to Stay) are handled by your county’s County Court. Appeals go to the next higher court, commonly the District Court of Appeal in your area. For more information or to find court contact details, visit your local county court website or the Florida Courts official site.

Relevant Florida Landlord-Tenant Laws

• Florida Residential Landlord and Tenant Act (Chapter 83, Florida Statutes)
• Florida Eviction Procedure (Section 51.011, Florida Statutes)
• Florida Rules of Appellate Procedure (including Rule 9.310 on stays)

Summary of Process: Staying Sheriff Lockouts in Florida

In short, timely appeals and formal requests to "stay" the sheriff’s writ can temporarily halt removal from your home. Courts may require a financial bond to do so, and all steps must be completed before the sheriff arrives to enforce the eviction.

Step-by-Step: What Florida Renters Should Do

• After eviction judgment, act within days—not weeks.
• File a Notice of Appeal with the court.
• File a written Motion to Stay Writ of Possession.
• Ask the judge if a supersedeas bond is required and pay it as instructed.
• Check court and sheriff deadlines carefully. Confirm with the clerk you have an active stay before the lockout date.

1. How long does a stay of lockout last in Florida?
   A stay will delay the eviction while your appeal or court review is pending. The judge can decide how long the stay lasts, and may end it if you do not meet all requirements.
2. Can the sheriff proceed with lockout if I file for a stay?
   If the court grants your Motion to Stay, the sheriff must wait before removing you. You should confirm with the clerk that a stay is on record.
3. What is a supersedeas bond and is it always required?
   A supersedeas bond is a money deposit that covers rent and potential damages while your appeal is pending. Judges often require it, but may waive it for hardship in rare cases.
4. Do I still owe rent during the appeal process?
   Yes, Florida law requires tenants to continue paying rent each period while the appeal is ongoing, either directly to the landlord or through the court registry.
5. Where can I find official eviction and appeal forms?
   Forms are available from your county court's website or the Florida Courts Self-Help portal.

Need Help? Resources for Renters

• Florida State Courts — Find your local county court and access forms.
• Florida Courts Self-Help — Step-by-step guides and sample court forms for tenants.
• Legal Services of Greater Miami and Jacksonville Area Legal Aid — Free or low-cost legal assistance for renters facing eviction.
• Call 2-1-1 in Florida for tenant and housing crisis referrals.

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1. Florida Residential Landlord and Tenant Act, Chapter 83, Florida Statutes.
2. Eviction procedures, Section 51.011, Florida Statutes.
3. Florida Rules of Appellate Procedure, Rule 9.310 on stays.
4. Florida State Courts, official website.

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