Home Realestate Writ of Possession: The Complete Tenants’ Guide

Writ of Possession: The Complete Tenants’ Guide

by Enochadmin

A writ of possession is a courtroom order that authorizes a legislation enforcement officer to take away a tenant and their possessions from a rental house. A landlord can request a writ of possession if the tenant received’t voluntarily go away the house after they get the unique discover to vacate.

A writ of possession isn’t the identical as an eviction. It’s only one attainable step within the eviction course of, and it isn’t at all times wanted.

A writ of possession is usually known as a writ of eviction. A writ is a authorized order to both begin or cease doing one thing. This sort of writ legally orders the occupant to cease residing within the house by giving the precise to possession again to the owner.

In different phrases, the tenant might want to transfer out inside the time said on the writ, or an officer can legally take away occupants from the property.

A writ of possession is a final resort

Many evictions received’t want a writ of possession. However after they do, it’s normally one of many final steps within the eviction course of.

A landlord received’t have to file a writ of possession in the event that they legally inform a tenant they’re being evicted and the tenant leaves voluntarily. If the tenant stays, the writ permits legislation enforcement to take away them from the rental property.

door handle with keys in lock

A writ of possession may be issued for a lot of causes

Any time a writ of possession is granted, it means the owner received an eviction courtroom listening to, however the tenant hasn’t left the rental property but.

A landlord must have at the very least one court-approved motive to evict their tenant. These can embrace:

  • Unpaid lease
  • Property harm
  • Unauthorized residents dwelling on the rental property
  • Unauthorized pets on the house
  • Unauthorized subletting of the house (together with short-term renting)
  • Tenant isn’t abiding by well being and security requirements
  • Tenant has dedicated acts of home violence
  • Tenant is utilizing the rental unit for criminality
  • Another violations of the lease settlement

Writs of possession will also be used through the foreclosures course of, however this solely impacts householders, not renters.

How lengthy do you need to transfer after a writ of possession is posted?

It relies upon the place you reside. As soon as the writ is granted and vacate discover is served, states give tenants wherever from a day to greater than per week to maneuver. This timeframe will likely be listed on the discover.

For instance, a tenant dwelling in a rental home in Austin, TX, could have a minimal of 24 hours to go away as soon as the ultimate discover is posted. However a tenant dwelling in an residence in Atlanta, GA, could have at the very least per week to maneuver.

If this date passes and the tenant hasn’t left, a legislation enforcement officer can “execute” the writ and take away them from the house.

Keep in mind that this is just one attainable piece of an eviction timeline. All the course of can take a number of weeks, relying on state legal guidelines and the way rapidly the owner, courtroom, and sheriff act.

Pattern eviction timeline

A number of issues have to occur earlier than a landlord can ask for a writ of possession. A typical eviction course of would possibly seem like this:

  1. The owner provides the tenant a written discover to vacate. The discover permits the tenant a sure variety of days to voluntarily go away the rental property. The discover should comply with state pointers.
  2. The owner recordsdata an eviction go well with. If the tenant doesn’t go away voluntarily, the owner can take the problem to county courtroom. Submitting an eviction go well with begins the courtroom course of however doesn’t determine the ultimate end result. At this level, an officer normally delivers one other written discover to the tenant that tells them the eviction course of has began.
  3. The tenant and landlord go to courtroom for an eviction listening to. If the owner wins the eviction go well with, the tenant is legally required to go away the house. If the tenant is a no-show, the owner wins by default. If the owner doesn’t present, the tenant wins.
  4. The tenant can enchantment or voluntarily vacate. The tenant has a sure variety of days to both enchantment the choice or transfer out of the house, relying on the state.
  5. The owner asks for a writ of possession. A writ is issued if the enchantment date passes and the tenant hasn’t moved out.
  6. A legislation enforcement officer oversees the move-out. An officer serves the discover to vacate after one other quick interval. As soon as this deadline passes, an officer can legally take away the tenant and their possessions from the property. A locksmith will exchange or rekey all door locks earlier than the officer leaves.

moving boxes on living room floor

What occurs to a tenant’s possessions?

If a tenant’s possessions are nonetheless on the house when the writ is enforced, the owner can take away them (or have them eliminated) whereas the officer is on the property.

Some states require a landlord to maintain the tenant’s property in storage for a sure period of time. Different states give landlords rapid management over any possessions left behind. As soon as the owner has possession, they’ll select to maintain, promote, or throw away the gadgets in the event that they wish to.

Can a writ of possession be stopped?

A decide can cease a writ of possession in some instances. A tenant or their lawyer can file a movement to remain within the time frame after the writ is issued. This movement asks the decide to remain (cease) the writ of possession.

Tenants might want to present a motive for submitting a movement to remain the writ of possession. An emergency courtroom listening to will likely be scheduled if the decide approves their request. If the decide doesn’t approve it, the eviction course of strikes ahead, and an officer can implement the writ of possession.

A tenant may also enchantment the general eviction choice, however this step occurs earlier than a writ of possession is issued.

Redfin doesn’t present authorized, tax, or monetary recommendation. This text is for informational functions solely and isn’t an alternative to skilled recommendation from a licensed lawyer, tax skilled, or monetary advisor.

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