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 York, a writ of possession, also known as a warrant of eviction, is issued by the court after a landlord has successfully won an eviction lawsuit against a tenant. This legal document authorizes the landlord to reclaim possession of the property. The enforcement of the writ is typically carried out by a city marshal or sheriff, who is responsible for serving the notice to the tenant and can oversee the physical removal of the tenant if necessary. The time frame for a tenant to vacate after being served varies, but in New York, the tenant is usually given at least 14 days to leave the property before the eviction is executed. In the context of foreclosed properties, the purchaser at a foreclosure sale may receive a writ of possession to take over the property. New York law requires specific procedures to be followed for evictions and foreclosures, including proper notice and the opportunity for tenants to contest the eviction in court.