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 Virginia, a writ of possession is a legal document that a landlord can obtain after successfully winning an eviction lawsuit against a tenant. This writ allows the landlord to reclaim the rental property. The process begins with the landlord filing an unlawful detainer action in court, and if the court rules in favor of the landlord, the writ of possession is issued. Once the writ is issued, it is typically served by the sheriff's office. In Virginia, tenants are generally given 24 hours to vacate the premises after the writ of possession is served. If the tenant fails to leave, the sheriff will return to enforce the writ by removing the tenant and their belongings from the property. In the case of foreclosed properties, the writ of possession enables the new owner to take possession of the property after a foreclosure sale. The specific procedures and timelines can vary slightly depending on the local jurisdiction within Virginia, but the general process is governed by state statutes and is designed to ensure that property owners can regain possession of their property in a lawful manner.