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 Nevada, a writ of possession, also known as a writ of eviction, is a legal instrument that a court issues to enforce an eviction order. After a landlord successfully wins an eviction lawsuit, the writ authorizes the landlord to reclaim the property from a residential or commercial tenant. The eviction process in Nevada requires the landlord to first serve a notice to the tenant, such as a notice to pay or quit in cases of nonpayment of rent. If the tenant does not comply with the notice, the landlord can then file an eviction action in court. Once the court rules in favor of the landlord, the writ of possession is issued. In Nevada, the tenant typically has 24 hours to vacate the premises after the writ is served. If the tenant fails to leave, the local sheriff or constable is responsible for enforcing the writ, which may include physically removing the tenant from the property. Additionally, in the context of foreclosed properties, the writ of possession allows the new owner to take immediate possession after purchasing the property at a foreclosure sale. It's important for both landlords and tenants to understand their rights and obligations under Nevada law regarding eviction proceedings and writs of possession.