You obtained an eviction in Miami against your non-paying renter, now what?

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.

What Past Clients Say

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I met with several attorneys and I didn’t feel comfortable with any. Marcia walked me through the process and explained everything to me in detail. She was clear and very communicative throughout the ordeal. I recommend Marcia to anyone going through any type of criminal / legal matters.

Jose Martinez 5 March 4, 2019

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The Hansen Law Firm is a reliable law firm that I absolutely recommend. Marcia Hansen is an experienced, smart lawyer who uses a user friendly portal, which I can access anytime and see any updates regarding my case. She is also always available and quick to respond with any questions I may have.

Diego Fernandez 5 March 4, 2019

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Marcia was always available to assist me with my concerns. She laid out a strategy that resulted in to best possible outcome for our team.

kevin 5 March 4, 2019

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Marcia is a class act!!! I approached her when my cousin ran into trouble. He was facing 12 years of jail time. After her very thorough review of the case (expert witnesses, speaking with the prosecution, review of the evidence), he was released on time served with 2 years of house arrest. Needless to say, she is a true professional. Working with an experienced criminal defense attorney who has a heart is a rarity. She encompasses both. She is hardcore and sweet. I highly recommend her services. Praise God that my cousin has his life back on track and is making very sound decisions. He simply needed a second chance. Since then, Marcia has helped some of my clients who were erroneously being investigated. The client recently told me her fee was the best money he’s ever spent. He’s in the clear and his family can sleep at night. God bless her!!! She is the best.

S Berm 5 March 4, 2019

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Excellent experience with Marcia Hansen ,and the best results for our family ,we are so grateful for her work and kindness with us . I will recommend Marcia 100% .Thanks The Hansen Law Firm

KAB Badell 5 March 4, 2019


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