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 Oregon, 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 an eviction case, and if the court rules in the landlord's favor, the writ of possession is issued. Once the writ is issued, it is typically enforced by the county sheriff, who will serve the notice to the tenant. The tenant is then required to leave the property within a specified period, which in Oregon is generally 24 hours after service of the writ. If the tenant fails to vacate, the sheriff has the authority to physically remove the tenant and their belongings. In the context of foreclosed properties, the writ of possession allows the new owner, often the winning bidder at a sheriff's sale, to take possession of the property. It's important to note that the specific procedures and timelines for eviction and enforcement of a writ of possession can vary within the state, and tenants facing eviction have certain rights and may have defenses available to them. An attorney can provide guidance on the specific laws and procedures applicable in a given situation.