Under normal circumstances in Miami, the order that the judge signs granting an eviction judgment against your non-paying tenant states “Let all writs of possession issue”. What this is basically is an order to the clerk’s office to submit a writ of possession to the Sheriff’s office who then executes the writ. A writ of possession is a document that entitled possession of a property back to its lawful owner and removal of a tenant with no ownership or legal interest in the property. Unfortunately we are not living under normal circumstances any longer, and these days in Miami, a writ of possession is pretty much worthless.
The local Miami Dade government issued a directive on November 13th, 2020 prohibiting the execution of any writs of possession from eviction cases filed after March 12th, 2020. The basis for this is the CDC agency order which provides for a moratorium relief through January 31st, 2021. Thus, these days if you are tenant, and you were evicted after March 12th, 2020, you are living on easy street because not even the sheriff will get you out of a property because they are prohibited from doing so.
However, in my opinion, they should not be prohibited from executing writs from all types of evictions or removals. This prohibition extends the CDC moratorium’s reach. The CDC stopped evictions for people who are not paying rent. It does not stop evictions for people who are committing crimes in a property. Therefore if the CDC moratorium is not providing relief for these types of tenants then why should Miami do so.
This is something that needs to be amended and fixed right away because the Sheriff’s office is inundated with writs and owners are being unconstitutionally deprived of their rights.
