What is a Writ of Restitution in Real Estate?
What is a Writ of Restitution?
A Writ of Restitution in real estate is a court order that allows a landlord to reclaim possession of a rental property after winning an eviction case against a tenant. It is typically issued after the landlord has obtained a judgment for eviction but the tenant has failed to vacate voluntarily.
Key Points About a Writ of Restitution:
- Final Step in the Eviction Process: The writ is issued after the court has ruled in favor of the landlord, giving the tenant a deadline to leave.
- Executed by Law Enforcement: Once issued, law enforcement (usually a sheriff or constable) serves the writ and physically removes the tenant if necessary.
- Timeframe for Enforcement: Tenants may be given a short grace period (such as 24-72 hours) to vacate before being forcibly removed.
- Includes Removal of Belongings: If tenants do not leave on their own, law enforcement may remove their belongings from the premises.
- Not the Same as an Eviction Notice: A writ of restitution is a court-ordered enforcement tool, whereas an eviction notice is a landlord’s initial demand for a tenant to vacate.
