A writ of possession is a authorized courtroom order that alerts one of many closing 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 going through 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 house, is usually referred to as a writ of eviction. A writ of possession isn’t the identical as an eviction. It’s only one potential step within the eviction course of.
If the occupant refuses to go away, the sort of writ legally orders them to cease residing within the house by giving the appropriate to possession again to the owner. A landlord received’t have to 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 will be issued for a lot of causes
A courtroom granted writ of possession means the owner received an eviction courtroom listening to, however the tenant hasn’t left the rental property but. Courtroom-approved causes for eviction embrace unpaid hire, property injury, unauthorized occupants, criminal activity or different lease violations. Writs of possession may also be used through the foreclosures course of, however this solely impacts householders, 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 swimsuit, beginning the courtroom course of. Nonetheless, if the owner wins, the tenant should go away, or they will attraction. If the tenant doesn’t vacate after the attraction interval, the owner requests a writ of possession.
It’s possible you’ll be questioning, does a writ of possession should 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 might fluctuate by metropolis, county or state, this Colorado eviction course of information has a normal timeline that offers perception into what the method can appear to be.
How lengthy do you must transfer after a writ of possession is posted?
It’s possible you’ll 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, usually starting from someday to over every week. For instance, when you occupy a rental home in Austin, TX, tenants have no less than 24 hours to go away, whereas in an condo in Atlanta, GA, they’ve every 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 house when the writ is executed, the owner might take away them. Some states require landlords to retailer the possessions for a specified interval, whereas others give the owner quick management. The owner can select to maintain, promote, or eliminate the objects left behind.
The best way to combat a writ of possession
A decide 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 period after the writ is issued. This movement asks the decide to remain (cease) the writ of possession.
Tenants might want to present a purpose for submitting a movement to remain the writ of possession. It’s best to supply in depth proof for an attraction corresponding to documented conversations with a landlord or receipts for hire paid. If the decide approves their request, an emergency courtroom listening to is scheduled. If the decide doesn’t approve it, the eviction course of strikes ahead, and an officer can implement the writ of possession.
A tenant may attraction the general eviction resolution, however this step occurs earlier than a writ of possession is issued. The Civil Legislation Self-Assist Middle has nice sources for interesting an eviction resolution.
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.
