What are my rights to access and remove personal belongings after a sheriff’s padlock notice? - Florida
The Short Answer
In Florida, a sheriff’s “24-hour notice” (often posted before a lockout) usually means a writ of possession is about to be executed in an eviction. Once the writ is executed, you generally lose the right to re-enter the unit, and the landlord is allowed to remove personal property found on the premises to or near the property line.
What Florida Law Says
Florida’s eviction process allows the sheriff to restore possession to the landlord after a court judgment for possession. The sheriff must post notice on the premises, and then the writ can be executed. After that point, the law gives the landlord broad authority to remove personal property left in the unit, and it limits liability for loss or damage after removal.
The Statute
The primary law governing this issue is Fla. Stat. § 83.62.
This statute establishes that after a landlord wins a possession judgment, the clerk issues a writ commanding the sheriff to put the landlord in possession after 24 hours’ posted notice, and it authorizes the landlord (at execution or any time after) to remove personal property found on the premises to or near the property line.
Separately, if personal property remains after the tenancy has ended, Florida also has an “abandoned property” notice framework that may apply depending on the facts. See Fla. Stat. § 715.104 (notice requirements) and related sections on storage/release.
Why You Should Speak with an Attorney
Even though the statute lays out the general rule, what you can realistically do after a padlock notice depends on the posture of the case and what exactly has happened (posted notice vs. executed writ vs. informal lock change). Legal outcomes often depend on:
- Strict Deadlines: Under Fla. Stat. § 83.62, the sheriff can execute the writ after a 24-hour posted notice, so waiting can eliminate any chance to retrieve items from inside before lockout.
- Burden of Proof: If you claim an improper lockout, missing notice, or mishandling of property, you may need evidence (photos, witnesses, court docket entries, communications) to prove what occurred and when.
- Exceptions and Overlapping Rules: The rules can differ depending on whether this is a standard residential eviction, a different type of occupancy, or whether the landlord is treating items as “abandoned property” under Chapter 715. The wrong approach can lead to loss of property or missed legal remedies.
Because a sheriff’s notice usually signals that the court process is at the final stage, getting advice quickly can protect your rights and reduce the risk of losing important belongings.
If your situation is tied to a family member’s death or an estate property (which is common in probate-related disputes), you may also find helpful context here: How Long Do I Have to Give a Deceased Relative’s Family to Remove Belongings in Florida?.
Get Connected with a Florida Attorney
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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.