What Is a Writ of Eviction

If an eviction request has been heard by the court and a judge has determined that it is a valid request, then an order will be handed down for the tenant in question to leave the premises immediately. This order is given to the local Sheriff's office and deputies will deliver it in person. It gives tenants 3 business days to remove everything they own, plus themselves, from the premises on the order. This order is called a Writ of Eviction. Sometimes it may be referred to as a Writ of Possession because it allows a property owner to take personal possession of their property from a tenant or squatter.

What Happens If a Tenant Does Not Move?

If a tenant has not moved in the 3 business days they received the order to vacate, then the Sheriff's office will return to the property and remove them personally. This may include physically removing the tenants who are refusing to leave. Deputies are authorized by the court in this instance to forcibly enter a home and remove illegal people and their possessions. The items are typically left curbside and are no longer a property owner's responsibility. In order to receive a Writ of Eviction, the burden of proof is on the property owner to prove that the existing tenant is there illegally. All documentation, including eviction orders that have not been followed, must be submitted to the court for review. The judge will review the documentation, listen to testimony, and then rule in favor of one party or the other. If a property owner does win a Writ of Eviction, they can typically pursue legal costs from the tenants they were forced to evict. Legal costs cannot typically be charged to a security deposit. It is a separate part of the judgment that must be enforced independently.

Can Anything Stop a Writ of Eviction?

In some jurisdictions, a tenant maybe able to stop a Writ of Eviction by clearing their delinquency. This would involve paying court costs, past due rent, and any late fees. If a tenant is able to successfully defend their case, then an eviction will not proceed and the landlord or property owner will be forced to start from the beginning once again. A Writ of Eviction is the final phase of the eviction process. It means you're almost ready to claim possession of your property again. By knowing this information, you can take the legal steps that are necessary to remove tenants who have fallen out of compliance.

Posted on Feb 09, 2015


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