In August 2025, news broke of a $23 million lawsuit filed in Oregon after a sheriff’s deputy was shot multiple times while serving a writ of possession at an apartment community.
According to court filings, the tenant had displayed troubling behavior for months before the scheduled eviction—covering his windows, screaming at night, refusing to communicate, and even barricading his door. When deputies forced entry during the eviction, the tenant opened fire, seriously injuring one of the deputies.
The injured deputy is now suing the property’s owner, management company, and on-site community director, alleging they knew or should have known the tenant posed a danger and failed to warn law enforcement. The complaint also accuses property stakeholders of negligence in failing to de-escalate the situation, failing to restrict firearms on the premises, and failing to provide deputies with full information about the risks.
While this case arose in Oregon, the lawsuit highlights an important risk for Florida landlords and property managers: if something goes wrong during a writ of possession, owners and managers may face liability for failing to take reasonable precautions or to warn deputies of known dangers.
Protocol for Florida Property Managers: Reducing Liability During Writ of Possession
Florida law places execution of a writ of possession exclusively in the hands of the Sheriff. Still, property managers play a critical role in ensuring the process is safe and legally compliant.
- Conduct a Risk Assessment Before the Writ
Review tenant history for red flags: prior threats, weapons, police calls, erratic or violent behavior, evidence of barricading, or reports from neighbors.
Document all incidents in writing, with dates, witness statements, and photos if available.
Provide this documentation to your eviction attorney before the writ is scheduled. - Communicate Known Risks to Law Enforcement
F.S. 83.62 requires the Sheriff to execute the writ, but managers must supply deputies with complete and accurate information.
If you know the tenant has weapons, has made threats, or has acted aggressively, put that information in writing to the Sheriff’s office ahead of the scheduled lockout.
Maintain a copy of your communication for liability protection. - Defer Enforcement to the Sheriff
Never attempt to confront, remove, or negotiate with the tenant once the writ is in play.
Do not break down doors, remove barricades, or enter the premises until deputies declare the unit secure.
Property staff should wait off-site until instructed by deputies to proceed with lock changes or possession. - Safety Protocol for Staff and Vendors
Designate a single point of contact (usually the property manager) to meet deputies at the eviction.
Instruct maintenance or locksmiths to arrive only after deputies confirm the scene is safe.
Keep all other staff away from the unit during the writ execution. - Documentation and Evidence Preservation
Keep a record of all communications with law enforcement regarding the writ.
Document the process of turning over possession after the deputies secure the unit.
If an incident occurs, immediately preserve surveillance footage, work orders, and reports for your attorney and insurance carrier. - Post-Incident Protocol
Notify your attorney and insurance carrier immediately if violence or injury occurs.
Do not give public statements without legal guidance.
Cooperate with law enforcement but funnel all media or third-party inquiries through counsel. - Insurance and Training
- Verify your liability insurance covers eviction-related incidents and third-party injury claims.
- Adopt a written “Writ of Possession Safety Policy” for staff and vendors, with acknowledgment forms (see sample policy below)
- Provide annual training to reinforce that deputies—not property managers—control the lockout process.
Conclusion
The Oregon lawsuit is a cautionary tale: when a tenant harms a deputy during an eviction, property stakeholders may be accused of negligence if they fail to act prudently. In Florida, where writs of possession are strictly controlled by statute, property managers must take steps to warn deputies of known dangers, document risk factors, and ensure staff never overstep their role. A proactive, documented protocol not only protects deputies and staff—it shields landlords and managers from devastating liability.
Sample Writ of Possession Safety Policy
Purpose
This policy establishes procedures for [Company Name] staff and vendors during the execution of a writ of possession in accordance with Florida Statutes §83.62. The purpose is to protect deputies, staff, vendors, and residents from harm and to reduce liability exposure for the company, owners, and stakeholders.
- Scope
This policy applies to all company employees, contractors, and vendors involved in the eviction process, including property managers, leasing staff, maintenance, and locksmiths.
- Risk Assessment Prior to Writ
- Review tenant file for red flags such as:
- History of threats or violence
- Possession of weapons
- Police involvement or arrests at the unit
- Evidence of barricading or erratic behavior
- Complaints from neighbors of suspicious or dangerous conduct
- Document all incidents in writing.
- Forward risk documentation to the company’s eviction attorney for review before scheduling the writ.
- Communication With Sheriff’s Office
- Provide deputies with all known safety concerns in writing before the writ execution.
- Include tenant history of threats, weapons, or abnormal behavior.
- Keep a copy of all communications in the tenant’s file.
- Role of Law Enforcement
- Only the Sheriff may execute the writ of possession under Florida Statutes §83.62.
- Company staff must not attempt to enter the premises once the writ has been issued by the clerk of court.
- Company staff must not attempt to break locks, remove barricades, or force entry.
- Company staff must not confront the tenant during the eviction process.
- Any negotiations with the tenant regarding the tenant paying back rent or continued possession of the premises must be done through our eviction attorney.
- On-Site Procedures
- Designate a single company representative to meet deputies at the scheduled execution of the writ of possession.
- All other staff must remain away from the unit until deputies confirm the premises are safe and secured.
- Prior to the writ of possession being executed by the deputy, coordinate with a licensed and insured locksmith to be at the premises at the time the writ of possession execution.
- Instruct the locksmith not to change locks or enter the premises until deputies are present and clear the unit for safe entry.
- Documentation and Evidence
- Document the writ execution with date, time, deputies present, and any incidents that occur.
- Preserve surveillance footage, work orders, and communications.
- Forward records to the company’s attorney if any incident occurs.
- Post-Incident Response
- Immediately notify company leadership, the eviction attorney, and the insurance carrier if a violent incident occurs.
- Do not issue public or media statements without attorney approval.
- Cooperate fully with law enforcement investigations.
- Insurance and Training
- Management must ensure the company carries adequate liability insurance covering eviction-related incidents.
- All staff must receive annual training on this policy.
- New employees must review and acknowledge this policy upon hire.
- Acknowledgment
I acknowledge that I have read and understand the Writ of Possession Safety Policy. I agree to follow these procedures and report any violations immediately to management.
_______________
Employee / Staff Name
_______________
Signature
_______________
Date
Disclaimer: This policy is for general operational purposes and does not constitute legal advice. All eviction matters must be coordinated with legal counsel and the Sheriff’s office.