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 Kansas, a writ of possession, also known as a writ of eviction, is a legal document that a court issues to enforce an eviction order. After a landlord successfully wins an eviction lawsuit, the court may grant this writ to provide the landlord with the legal authority to reclaim the property. The eviction process in Kansas requires the landlord to first serve the tenant with a notice to vacate, which can vary in time given depending on the reason for eviction (e.g., nonpayment of rent typically requires a three-day notice). If the tenant does not comply, the landlord may file an eviction lawsuit. Once the court rules in favor of the landlord, a writ of possession is issued, and the tenant is typically given 24 hours to leave the property voluntarily. If the tenant fails to vacate, the sheriff or other law enforcement officer will enforce the writ by removing the tenant and their belongings. In the case of foreclosed properties, the writ of possession allows the new owner to take possession after a sheriff's sale. The specific procedures and timelines can vary, so it is important to consult with an attorney or review the Kansas statutes for detailed information regarding eviction proceedings.