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 Idaho, a writ of possession, also known as a writ of eviction, is a legal document that a court issues to enforce an eviction order. After a landlord successfully wins an eviction lawsuit, the writ authorizes the landlord to reclaim the property from a tenant. The process begins with the tenant being served notice of the eviction lawsuit and, if the court rules in favor of the landlord, the writ of possession is issued. In Idaho, once the writ is issued, the tenant typically has 24 hours to vacate the premises before the sheriff or constable can enforce the writ by physically removing the tenant and their belongings. In the case of foreclosed properties, the writ of possession allows the new owner, often the highest bidder at a sheriff's sale, to take immediate possession of the property. The specific procedures and timelines can vary based on local rules and the particular circumstances of the eviction or foreclosure case.