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 Hawaii, a writ of possession, also known as a writ of eviction, is a legal instrument that a court issues to enforce an eviction judgment in favor of a landlord against a tenant. This writ authorizes the landlord to reclaim possession of the property, and it is typically enforced by a law enforcement officer, such as a sheriff. The process begins after the landlord has successfully won an eviction lawsuit, and the court has granted the eviction order. The tenant is then served with the writ and must vacate the premises within the time frame specified by the court, which can vary but is often a short period. If the tenant fails to comply, the sheriff can physically remove the tenant from the property. In the context of foreclosed properties, a writ of possession enables the new owner, who has purchased the property at a foreclosure sale, to take possession. The specific procedures and time frames for eviction and writs of possession in Hawaii are governed by Hawaii Revised Statutes and relevant case law, and they may differ from those in other states.