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 Jersey, 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 is carried out by the county sheriff, who serves the writ on the tenant. New Jersey law requires that tenants be given a reasonable amount of time to vacate the premises after the writ is served, typically providing a window of a few days up to a week, although the specific time frame can vary based on the court's order and the circumstances of the case. If the tenant does not vacate the property within the specified time, the sheriff is authorized to physically remove the tenant. In the context of foreclosed properties, the writ of possession enables the new owner, who has purchased the property at a sheriff's sale, to take immediate possession. The procedures and timelines for eviction and foreclosure processes are governed by New Jersey statutes and court rules, which aim to balance the rights of property owners with protections for tenants.