When a commercial tenant fails to pay rent, Florida law provides landlords with a powerful but often underused tool: the Writ of Distress for Rent. This remedy allows a landlord to seize a tenant’s property located at the leased premises before judgment, helping ensure that the landlord can collect on amounts owed.
At Andrew Douglas, P.A., we help commercial landlords act quickly and lawfully to recover unpaid rent, protect their rights, and secure tenant assets before they disappear.
What Is a Writ of Distress for Rent?
A Writ of Distress for Rent is a prejudgment remedy authorized by Florida Statutes §§ 83.08–83.11. It allows a commercial landlord to have the sheriff seize a tenant’s personal property on the premises in order to satisfy unpaid rent.
Unlike standard breach of contract claims, a writ of distress puts immediate pressure on a delinquent tenant—and helps preserve the landlord’s chance to recover what is owed before the property is removed, hidden, or sold.
Who Can Use It?
A commercial landlord can seek a writ of distress if:
- The tenant owes past-due rent under a valid lease;
- Personal property belonging to the tenant is still located on the premises;
- The landlord files the appropriate verified affidavit and is willing to post a bond.
This remedy is not typically available for residential landlords.
Step-by-Step: How It Works in Florida
Here’s how the process typically works:
1. File a Complaint
The landlord files a lawsuit for eviction and unpaid rent, including a specific Count for Distress for Rent under § 83.08.
2. Sworn Affidavit
Along with the complaint, the landlord must file a verified affidavit stating:
- The amount of rent due,
- That the tenant’s property is on-site,
- That the rent remains unpaid.
3. Post a Bond
Before the court issues the writ, the landlord must post a bond equal to double the amount of rent due. This protects the tenant in case the writ is later deemed wrongful.
4. Court Issues Writ
If the affidavit and bond are sufficient, the court will issue the writ before the tenant is even served.
5. Sheriff Executes the Writ
The writ directs the sheriff to seize property belonging to the tenant that is located on the premises. This property is then held pending resolution of the case.
6. Tenant’s Options
The tenant can:
- Post a counterbond to release the property,
- File a motion to dissolve the writ,
- Or defend the case at trial.
7. Final Judgment
If the landlord wins, the court may authorize sale of the seized property or enter a money judgment that can be satisfied from the assets.
Why Act Quickly?
A Writ of Distress is particularly effective when the tenant is still in possession or has left valuable assets behind. Once property is removed, the opportunity for this remedy may be lost. Landlords who wait too long often find the premises vacated and the tenant judgment-proof.
Common Targets of a Writ of Distress
The writ typically applies to business property left on site, such as:
- Restaurant equipment
- Office furniture
- Inventory
- Tools and machinery
The property must belong to the tenant and be physically located on the leased premises at the time the sheriff executes the writ.
Is This Right for You?
If you’re a commercial landlord in Florida owed back rent, you don’t have to wait for judgment to protect your rights. A Writ of Distress can provide early leverage, preserve your recovery, and demonstrate that you mean business.
At Andrew Douglas, P.A., we represent landlords across Florida in commercial eviction and rent recovery matters. We handle all aspects of the distress process—from initial filings to coordinating with the sheriff’s office.
📞 Contact Us Today
If your commercial tenant has stopped paying rent, contact us to discuss your legal options. Time is critical. Let us help you secure the rent you’re owed.
Andrew Douglas, P.A.
📍 Plantation, Florida
📞 (954) 474-4420
📧 andrew@douglasfirm.com
🌐 www.douglasfirm.com