A writ of possession is a authorized courtroom order that indicators one of many last steps in an eviction course of. It permits a landlord to regain management of their property by eradicating tenants. Now, precisely what’s a writ of possession? What steps ought to tenants dealing with this courtroom order take to organize and the way ought to they reply to guard their rights?
What’s a writ of possession?
A writ of possession, which means a courtroom order that authorizes a legislation enforcement officer to take away a tenant and their possessions from a rental dwelling, is usually known as a writ of eviction. A writ of possession isn’t the identical as an eviction. It’s only one attainable step within the eviction course of.
If the occupant refuses to go away, such a writ legally orders them to cease residing within the dwelling by giving the correct to possession again to the owner. A landlord gained’t must file a writ of possession in the event that they legally inform a tenant they’re being evicted and the tenant leaves voluntarily.
A writ of possession may be issued for a lot of causes
A courtroom granted writ of possession means the owner gained an eviction courtroom listening to, however the tenant hasn’t left the rental property but. Courtroom-approved causes for eviction embody unpaid lease, property harm, unauthorized occupants, criminality or different lease violations. Writs of possession can be used through the foreclosures course of, however this solely impacts owners, not renters.
The eviction course of begins with a landlord giving the tenant a written discover to vacate, permitting them a sure variety of days to go away. If the tenant doesn’t comply, the owner recordsdata an eviction go well with, beginning the courtroom course of. Nonetheless, if the owner wins, the tenant should depart, or they will attraction. If the tenant doesn’t vacate after the attraction interval, the owner requests a writ of possession.
You could be questioning, does a writ of possession need to be served? Sometimes, a sheriff will serve the writ to the tenant and a legislation enforcement officer supervises the eviction, and lock change to make sure the property is safe. Whereas the eviction course of could range by metropolis, county or state, this Colorado eviction course of information has a common timeline that provides perception into what the method can appear to be.
How lengthy do it’s important to transfer after a writ of possession is posted?
You could be questioning, how lengthy do I’ve to maneuver after a writ of possession is issued? The timeframe for a tenant to maneuver varies by state, sometimes starting from at some point to over per week. For instance, in case you occupy a rental home in Austin, TX, tenants have a minimum of 24 hours to go away, whereas in an condominium in Atlanta, GA, they’ve per week.
If the tenant hasn’t vacated by the deadline, a legislation enforcement officer can “execute” the writ and take away them. The whole eviction course of can take a number of weeks, relying on native legal guidelines and actions by the owner, courtroom, and sheriff.
If a tenant’s belongings are nonetheless within the dwelling when the writ is executed, the owner could take away them. Some states require landlords to retailer the possessions for a specified interval, whereas others give the owner fast management. The owner can select to maintain, promote, or eliminate the objects left behind.
How one can battle a writ of possession
A choose can cease a writ of possession in some circumstances. A tenant or their legal professional can attraction and file a movement to remain within the time frame after the writ is issued. This movement asks the choose to remain (cease) the writ of possession.
Tenants might want to present a motive for submitting a movement to remain the writ of possession. It’s best to supply intensive proof for an attraction corresponding to documented conversations with a landlord or receipts for lease paid. If the choose approves their request, an emergency courtroom listening to is scheduled. If the choose doesn’t approve it, the eviction course of strikes ahead, and an officer can implement the writ of possession.
A tenant also can attraction the general eviction determination, however this step occurs earlier than a writ of possession is issued. The Civil Regulation Self-Assist Heart has nice sources for interesting an eviction determination.
Redfin doesn’t present authorized, tax, or monetary recommendation. This text is for informational functions solely and isn’t an alternative to skilled recommendation from a licensed legal professional, tax skilled, or monetary advisor.
