A writ of possession—also known as a writ of eviction—is a court order issued after the landlord wins an eviction case in court against a residential or commercial tenant. This court order gives the landlord the exclusive right to possession of the property. The local sheriff or constable will often serve the writ of possession or eviction on the tenant and will physically remove the tenant if necessary.
A writ of possession is also issued to a purchaser of a property that was foreclosed on and sold at a sheriff’s sale—which historically took place on the courthouse steps, and sometimes still does. In the foreclosed property context, the writ of possession allows the purchaser who bought the property in foreclosure to take immediate possession of the property.
Laws regarding writs of possession or writs of eviction vary from state to state, including the amount of time the tenant has to vacate the property after being served with the writ of possession or writ of eviction—generally ranging from 24 hours to 30 days—before being physically removed by the sheriff or constable.
In Texas, a writ of possession is a legal instrument that a landlord can obtain after successfully winning an eviction lawsuit against a tenant. This writ authorizes the landlord to reclaim the property from the tenant. The process is enforced by a local sheriff or constable, who serves the writ on the tenant and can physically remove the tenant if they do not vacate the premises voluntarily. The tenant typically has 24 hours to leave the property after the writ is executed. In the context of foreclosed properties, a writ of possession allows the new owner, who purchased the property at a foreclosure sale, to take immediate possession. Texas law is specific about the procedures and timelines for eviction and enforcement of writs of possession, and these must be strictly followed to ensure the eviction is lawful. An attorney can provide detailed guidance on the process and ensure compliance with all relevant statutes and regulations.
