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 Kentucky, a writ of possession or 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 right to reclaim the property from a tenant. The writ is typically executed by the local sheriff or constable, who serves it on the tenant. If the tenant does not vacate the premises voluntarily, the sheriff or constable has the authority to physically remove the tenant. The timeframe for a tenant to vacate after receiving a writ of possession varies, but Kentucky law generally requires a notice period before eviction can occur. Additionally, in the context of foreclosed properties, a writ of possession allows the new owner, often the winning bidder at a sheriff's sale, to take possession of the property. The specific procedures and timelines for eviction and writs of possession are outlined in Kentucky's statutes and may be subject to local rules as well.