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 Georgia, 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 rental property, and it is typically enforced by the local sheriff's department. The process begins with the landlord filing a dispossessory affidavit in court. If the court rules in favor of the landlord, and the tenant does not appeal or vacate the premises, the court will issue a writ of possession. Once the writ is issued, the tenant is usually given a short period to move out, which can be as little as 24 hours. If the tenant fails to comply, the sheriff can physically remove the tenant and their belongings from the property. Similarly, in the case of foreclosed properties, the writ of possession allows the new owner to take control of the property after a sheriff's sale. The specific time frame for eviction and the procedures to be followed can vary within the state, so it is important to consult with an attorney or review local statutes for precise information.