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 Massachusetts, a writ of possession, also known as a writ of eviction, is a legal document that a landlord can obtain after successfully winning an eviction lawsuit against a tenant. This writ authorizes the landlord to reclaim possession of the property. The process begins with the landlord filing a summary process action (eviction case) in court. If the court rules in favor of the landlord, it will issue a writ of possession, which is then served to the tenant by a sheriff or constable. The tenant is typically given 48 hours to vacate the premises after the writ is served. If the tenant fails to leave, the sheriff or constable can physically remove the tenant and their belongings. In the case of foreclosed properties, the new owner can also obtain a writ of possession to remove the former owner or any occupants from the property. The specific procedures and timelines can vary depending on the court's judgment and the circumstances of the eviction.