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What is a Writ of Possession?

Definition– a Writ of Possession is a document issued by the court after a landlord wins an unlawful detainer lawsuit. The writ is served upon the tenant by the sheriff and informs the tenant that the tenant must leave the rental property by a certain time period, or they will be forcibly removed.

 

What a Writ of Possession Really Means

A writ of possession is a court document that gives a landlord the legal permission to remove a tenant who has remained on the property past the period when they were allowed to be. The writ must be served by the sheriff, NOT THE LANDLORD, as this is the proper legal procedure.

 

Example

Terry is renting an apartment from Luisa for a period of one year, to begin on November 1, 2000 and to end on October 31, 2001. On November 2, 2001, Louisa goes by the apartment to clean and prepare the apartment for a new tenant, but sees that Terry is still living at the apartment. Luisa goes to court and receives a writ of possession to remove Terry from the apartment. Luisa contacts the local sheriff, and has the writ delivered to Terry giving notice that Terry must vacate the property.

 

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