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 New Hampshire, 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 rental property. The process begins with the landlord filing an eviction notice, and if the tenant does not comply, the landlord may then file a lawsuit in court. If the court rules in favor of the landlord, it will issue a writ of possession. In New Hampshire, once the writ is issued, the tenant typically has seven days to vacate the premises before the writ is executed by a law enforcement officer, usually a sheriff, who can physically remove the tenant if necessary. The same process applies to properties that have been foreclosed and sold; the new owner can obtain a writ of possession to remove the former owner or occupants. It's important to note that the specific procedures and timelines can vary depending on the local jurisdiction within New Hampshire, and tenants facing eviction should seek advice from an attorney to understand their rights and obligations under current state statutes and federal law.