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? This Redfin guide will walk you through this part of the legal process, with the help of experts.

What is a writ of possession? 

“A writ of possession, also referred to as writ of eviction, is issued after a landlord has been issued possession in an eviction case. A writ of possession authorizes law enforcement to remove a tenant from a property and give possession to the landlord,” shares expert F. Shawn Mughal, attorney at law at Mughal Law Firm PLLC. 

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 writ of possession can be issued for many reasons

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. 

The team at Property Upsurge advises that “To avoid being issued a writ of possession, communication is key. Tenants should respond to any legal notices promptly, attend court hearings, and consider negotiating payment plans or move-out agreements with landlords when facing financial hardship.” 

However, if a writ of possession is issued, does the writ have to be served? Typically, a sheriff will serve the writ to the tenant and a law enforcement officer supervises the eviction to ensure the property is secure.

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

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, some states require landlords to store the possessions for a specified period, while others give the landlord immediate control. While the eviction process may vary by location, this Colorado eviction process guide has a general timeline on the process.

Seeking help with a writ of possession

When seeking professional help when issued a writ of possession, it’s advised to act fast. Legal expert Melvin J. Babi, from Babi Legal Group, PLLC. shares that “First, we always advise clients to get in contact with us prior to the judgment for possession being entered as there are more options available, such as filing bankruptcy to stop the process or actually defending the case.”

Melvin adds that even if your options seem limited, “You can call the landlord and offer money for more time and sometimes they participate. At the end of the day, the landlord also has rights that need to be recognized and considered, and it’s not fair for a landlord’s rights to be overlooked.”

Keep in mind that laws and regulations around eviction proceedings vary by location. For example, “If a tenant has received a writ of possession in Manitoba, CA, the issue is one that has escalated substantially.” Shares Nik Fast from  Premier Property Solutions Inc.

Nik adds that when renting a home in Canada, this indicates that “The landlord has obtained an order of possession from the Residential Tenancies Branch because a mediated agreement between the landlord and the Tenant has been breached by the tenant, or the landlord has proved their case in a hearing at the Residential Tenancies Branch.” Legal proceedings and government agencies can differ based on location, so find a professional familiar with your area.

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.

“A tenant can fight an eviction (and writ of possession) if they can show that the owner did something that violated the lease. If that is the case, the tenant should continue to pay rent on-time to the court to continue to uphold their end of the lease. Withholding rent can damage the tenant’s claims.” – Sue Richey, principal broker/owner at Richey Property Management, LLC

When filing an appeal, it is best to provide extensive evidence, such as receipts for rent paid. An emergency court hearing will be scheduled if the judge approves their request. If not approved, the eviction process moves forward.

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.

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