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 Illinois, a writ of possession or 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 court may grant this writ to provide the landlord with the legal authority to reclaim their property. The writ is typically executed by the local sheriff, who is responsible for serving the notice to the tenant and carrying out the eviction if necessary. The tenant is usually given a specific period to vacate the premises, which can vary but often is around 7 days in Illinois. If the tenant fails to leave within the specified time, the sheriff can physically remove the tenant and their belongings. In the context of foreclosed properties, the writ of possession enables the new owner, who purchased the property at a sheriff's sale or foreclosure auction, to take possession of the property. The process and timelines for eviction and possession in foreclosure cases may differ slightly from those in landlord-tenant disputes, but the underlying principle of the writ granting the right to take possession remains consistent.