What is a Writ of Possession, and What Does It Mean for Tenants?

A writ of possession is a legal court order that signals one of the final steps in an eviction process. It allows a landlord to regain control of their property by removing tenants. Now, exactly what is a writ of possession? What steps should tenants facing this court order take to prepare and how should they respond to protect their rights?

What is a writ of possession? 

A writ of possession, meaning a court order that authorizes a law enforcement officer to remove a tenant and their possessions from a rental home, is sometimes called a writ of eviction. A writ of possession isn’t the same as an eviction. It’s just one possible step in the eviction process.

If the occupant refuses to leave, this type of writ legally orders them to stop residing in the home by giving the right to possession back to the landlord. A landlord won’t need to file a writ of possession if they legally tell a tenant they’re being evicted and the tenant leaves voluntarily.

A writ of possession can be issued for many reasons

A court granted writ of possession means the landlord won an eviction court hearing, but the tenant hasn’t left the rental property yet. Court-approved reasons for eviction include unpaid rent, property damage, unauthorized occupants, illegal activity or other lease violations. Writs of possession can also be used during the foreclosure process, but this only affects homeowners, not renters.

The eviction process begins with a landlord giving the tenant a written notice to vacate, allowing them a certain number of days to leave. If the tenant doesn’t comply, the landlord files an eviction suit, starting the court process. However, if the landlord wins, the tenant must leave, or they can appeal. If the tenant doesn’t vacate after the appeal period, the landlord requests a writ of possession. 

You may be wondering, does a writ of possession have to be served? Typically, a sheriff will serve the writ to the tenant and a law enforcement officer supervises the eviction, and lock change to ensure the property is secure. While the eviction process may vary by city, county or state, this Colorado eviction process guide has a general timeline that gives insight into what the process can look like.

How long do you have to move after a writ of possession is posted?

You may be wondering, how long do I have to move after a writ of possession is issued? The timeframe for a tenant to move varies by state, typically ranging from one day to over a week. For example, if you occupy a rental house in Austin, TX, tenants have at least 24 hours to leave, while in an apartment in Atlanta, GA, they have a week. 

If the tenant hasn’t vacated by the deadline, a law enforcement officer can “execute” the writ and remove them. The entire eviction process can take several weeks, depending on local laws and actions by the landlord, court, and sheriff.

If a tenant’s belongings are still in the home when the writ is executed, the landlord may remove them. Some states require landlords to store the possessions for a specified period, while others give the landlord immediate control. The landlord can choose to keep, sell, or dispose of the items left behind.

How to fight a writ of possession

A judge can stop a writ of possession in some cases. A tenant or their attorney can appeal and file a motion to stay in the period of time after the writ is issued. This motion asks the judge to stay (stop) the writ of possession.

Tenants will need to provide a reason for filing a motion to stay the writ of possession. It is best to provide extensive evidence for an appeal such as documented conversations with a landlord or receipts for rent paid. If the judge approves their request, an emergency court hearing is scheduled. If the judge doesn’t approve it, the eviction process moves forward, and an officer can enforce the writ of possession.

A tenant can also appeal the overall eviction decision, but this step happens before a writ of possession is issued. The Civil Law Self-Help Center has great resources for appealing an eviction decision.

Redfin does not provide legal, tax, or financial advice. This article is for informational purposes only and is not a substitute for professional advice from a licensed attorney, tax professional, or financial advisor.