Enforcing Eviction with a Writ of Possession: A Landlord’s Guide

Welcome to TPS’s comprehensive guide on using a writ of possession to enforce an eviction judgment and ensure tenants vacate your property legally and efficiently.

Understanding the Writ of Possession

Definition and Purpose:

• A Writ of Possession, sometimes known as a writ of restitution, is a legal document issued by a court that empowers landlords to reclaim their property under the law.
• It is issued by the justice of the peace following a successful eviction judgment when the tenant has exhausted or foregone their appeal options.

The Process: From Court to Constable

Obtaining the Writ:

• Visit the justice of the peace court where the eviction judgment was issued to apply for the writ.
• The writ is an order from the judge that will be executed by the constables.

Notification and Enforcement:

• Constables will serve the writ by posting it on the tenant’s door, providing them with a 24-hour notice to vacate the property.
• If the tenant fails to comply, constables are authorized to physically remove the tenant and their possessions, ensuring the landlord can recover full possession.

Tips for Landlords

• Timeliness: Apply for the writ as soon as the tenant’s appeal period expires to avoid unnecessary delays in regaining possession.
• Documentation: Keep all legal documents and the eviction judgment accessible to support your request for a writ.
• Professional Help: Consider consulting with legal experts to navigate the process smoothly.

Conclusion: Secure Your Property Rights

A writ of possession is the definitive legal tool for landlords to enforce an eviction. Understanding and correctly implementing this process is crucial to managing your rental properties effectively.