A writ of possession is a court order that authorizes a law enforcement officer to remove a tenant and their possessions from a rental home. A landlord can request a writ of possession if the tenant won’t voluntarily leave the home after they get the original notice to vacate.
A writ of possession isn’t the same as an eviction. It’s just one possible step in the eviction process, and it isn’t always needed.
A writ of possession is sometimes called a writ of eviction. A writ is a legal order to either start or stop doing something. This type of writ legally orders the occupant to stop residing in the home by giving the right to possession back to the landlord.
In other words, the tenant will need to move out within the time stated on the writ, or an officer can legally remove occupants from the property.
A writ of possession is a last resort
Many evictions won’t need a writ of possession. But when they do, it’s usually one of the last steps in the eviction process.
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. If the tenant stays, the writ allows law enforcement to remove them from the rental property.
A writ of possession can be issued for many reasons
Any time a writ of possession is granted, it means the landlord won an eviction court hearing, but the tenant hasn’t left the rental property yet.
A landlord needs to have at least one court-approved reason to evict their tenant. These can include:
- Unpaid rent
- Property damage
- Unauthorized residents living at the rental property
- Unauthorized pets at the home
- Unauthorized subletting of the home (including short-term renting)
- Tenant isn’t abiding by health and safety standards
- Tenant has committed acts of domestic violence
- Tenant is using the rental unit for illegal activity
- Any other violations of the lease agreement
Writs of possession can also be used during the foreclosure process, but this…