Can I retrieve my personal belongings after a sheriff posts a padlock or 24-hour notice in Florida? | Florida Probate | FastCounsel
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Can I retrieve my personal belongings after a sheriff posts a padlock or 24-hour notice in Florida?

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.

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?.

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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.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.