A writ of possession is a authorized court docket order that indicators 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 court docket 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, that means a court docket order that authorizes a legislation enforcement officer to take away a tenant and their possessions from a rental dwelling, is typically known as a writ of eviction. A writ of possession isn’t the identical as an eviction. It’s only one doable step within the eviction course of.
If the occupant refuses to go away, one of these writ legally orders them to cease residing within the dwelling by giving the fitting 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 court docket granted writ of possession means the owner gained an eviction court docket listening to, however the tenant hasn’t left the rental property but. Court docket-approved causes for eviction embrace unpaid hire, property harm, unauthorized occupants, criminality or different lease violations. Writs of possession can be used throughout 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 information an eviction go well with, beginning the court docket course of. Nevertheless, 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.
Chances are you’ll be questioning, does a writ of possession need to be served? Usually, 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 differ by metropolis, county or state, this Colorado eviction course of information has a normal timeline that provides perception into what the method can seem like.
How lengthy do you need to transfer after a writ of possession is posted?
Chances are 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 in the future to over every week. For instance, in the event you occupy a rental home in Austin, TX, tenants have at the least 24 hours to go away, whereas in an residence 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. All the eviction course of can take a number of weeks, relying on native legal guidelines and actions by the owner, court docket, 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 quick management. The owner can select to maintain, promote, or get rid of the objects left behind.
How one can struggle 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 comparable to documented conversations with a landlord or receipts for hire paid. If the decide approves their request, an emergency court docket 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 can even attraction the general eviction determination, however this step occurs earlier than a writ of possession is issued. The Civil Legislation Self-Assist Middle has nice assets 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.