A writ of possession—also known as a writ of eviction—is a court order issued after the landlord wins an eviction case in court against a residential or commercial tenant. This court order gives the landlord the exclusive right to possession of the property. The local sheriff or constable will often serve the writ of possession or eviction on the tenant and will physically remove the tenant if necessary.
A writ of possession is also issued to a purchaser of a property that was foreclosed on and sold at a sheriff’s sale—which historically took place on the courthouse steps, and sometimes still does. In the foreclosed property context, the writ of possession allows the purchaser who bought the property in foreclosure to take immediate possession of the property.
Laws regarding writs of possession or writs of eviction vary from state to state, including the amount of time the tenant has to vacate the property after being served with the writ of possession or writ of eviction—generally ranging from 24 hours to 30 days—before being physically removed by the sheriff or constable.
In California, a writ of possession or eviction is a legal instrument that a landlord can obtain after successfully winning an eviction lawsuit against a tenant. This writ authorizes the landlord to reclaim the property and is enforceable by the local sheriff, who is responsible for serving the notice to the tenant and can physically remove the tenant if they do not comply. The time frame for a tenant to vacate the property after receiving a writ of possession in California is typically five days. If the tenant fails to leave within this period, the sheriff can perform a 'lockout' by physically removing the tenant and their belongings. In the context of foreclosed properties, the writ of possession allows the new owner, often the highest bidder at a foreclosure auction, to take control of the property. The process is similar, with the sheriff enforcing the court order if the previous owner or occupants do not vacate the premises voluntarily.