Re: new law in florida - Landlord Forum thread 328760

Re: new law in florida by MrDan (Georgia) on December 16, 2014 @04:28

The new Landlord Tenant law updates went into effect on July 1, 2013

New Law – The writ of possession can NOW be "served” or "executed” on a Saturday, Sunday or Legal Holiday. It’s not a requirement that it MUST be “served” on or “executed” during these days. The Sheriff’s Department will still likely not be serving or executing a writ of possession on weekends or holidays.

New Law – If there is a crime by management or resident, the law is now clarified to show that it now can be enforced by a criminal action as well. It’s still up to the local District Attorney’s Office to pursue charges or not.

‘The Florida Law Enforcement Handbook’ lays out the rules an officer must follow in determining who has the right of possession. (83.62, Fla. Stat) A lawful eviction can be accomplished only by a law enforcement officer acting pursuant to a civil writ of possession. Any other action by law enforcement that causes the ouster of a tenant, whether it involves physical removal or causing the tenant to leave out of fear of arrest, is likely to be considered wrongful eviction.

[ Reply ] [ Return to forum ]