What is a Writ of Possession and How Does It Work?

What is a Writ of Possession?

A Writ of Possession is a court order that authorizes the constable or sheriff to remove a tenant from the property. It's the final step in the eviction process when a tenant refuses to leave voluntarily after you've won your case.

When Can You Request a Writ?

You can request a Writ of Possession after:

1. You've won your eviction case

2. The 5-day appeal period has passed (or the tenant's appeal was denied)

3. The tenant has not voluntarily vacated the property

The 24-Hour Notice Process

Once the Writ of Possession is issued:

1. The constable posts a 24-hour notice on the property door

2. The tenant has 24 hours to remove their belongings

3. If the tenant hasn't vacated, the constable returns

4. The constable supervises the removal of the tenant and their property

Fees and Costs

You'll need to pay:

Writ issuance fee (varies by county)

Constable execution fee

These fees can be recovered if you included them in your original case.

What Happens to Tenant Property?

The constable will supervise the removal of the tenant's belongings. Items are typically placed at the curb or in a designated area. You are not responsible for storing or protecting the tenant's property after removal.

What is a Writ of Possession and How Does It Work?