Note: This information is provided by Alcove for general informational purposes only and does not constitute legal advice. Please consult a qualified Real Estate attorney for advice specific to your situation. If you are a current Alcove landlord, feel free to contact Partner Support at partner@alcoverooms.com for more information or to request a legal recommendation.
A writ of possession is a legal document issued by a court that grants a landlord the right to regain possession of a property after successfully winning an eviction case against a tenant. This writ is typically the final step in the eviction process and authorizes law enforcement to remove the tenant and their belongings if they do not vacate voluntarily.
When is a Writ of Possession Granted?
A landlord can request a writ of possession after obtaining a court judgment for eviction. For more information on eviction see Managing and Executing Evictions for Delinquent Tenants.
Once the court rules in favor of the landlord, a writ of possession can be issued. The timing and procedures vary by state, but landlords generally must wait a specified period to allow for the tenant to appeal to the courts, before the landlord can request the writ. For more information on waiting periods see the county's websites here.
How is a Writ of Possession Executed?
After the writ of possession is issued:
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Delivery to Law Enforcement – The landlord or their attorney must deliver the writ to the local law enforcement agency, typically the sheriff’s office or constable, who is responsible for enforcing it.
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Notice to the Tenant – Law enforcement will usually post a notice on the property, informing the tenant of the deadline to vacate.
- Notice to Alcove - The landlord must inform Alcove of the writ of possession date. Alcove will schedule a turnover service to verify if the tenant has left by the writ of possession date.
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Physical Removal – If the tenant has not left voluntarily by the deadline (as verified by the turnover service), law enforcement officers will arrive to remove the tenant and their belongings. The landlord cannot carry out the eviction themselves. We highly suggest contacting Alcove on the date the writ of possession will be carried out, to secure the property and bedroom with a turnover service and bedroom code change.
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Possession Returned to the Landlord – Once the property is vacated, the landlord regains possession. Alcove may proceed with securing the unit and begin the process of re-leasing the room at no additional cost to the landlord.
What Should Landlords and Tenants Expect?
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For Landlords: It is crucial to follow the legal process carefully. Attempting to evict a tenant without a writ of possession or securing the property (Alcove's tenant turnover service) can lead to legal consequences.
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For Tenants: A writ of possession is a final notice that eviction is imminent. If possible, tenants should make arrangements to vacate before law enforcement intervenes to avoid forceful removal and potential damage to personal property.
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For Both Parties: Evictions can be stressful, so understanding local laws and working toward a resolution before reaching this stage is often in everyone’s best interest. For more information on Alcove's delinquency process and evictions see the following help articles: