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 Delaware, a writ of possession, also known as a writ of eviction, is a legal document that a landlord can obtain after successfully winning an eviction lawsuit against a tenant. This writ authorizes the landlord to reclaim possession of the property. The process is enforced by a local sheriff or constable, who serves the writ on the tenant. If the tenant does not comply and vacate the premises, the sheriff or constable has the authority to physically remove the tenant. In the case of foreclosed properties, the writ of possession enables the new owner, who purchased the property at a sheriff's sale, to take possession of the property. Delaware law specifies the timeline and procedures that must be followed for evictions and the execution of writs of possession. The time frame for a tenant to vacate after being served can vary, but typically, the tenant is given a short period to leave the property before law enforcement intervenes.