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 Louisiana, a writ of possession, or writ of eviction, is a legal instrument issued by a court granting a landlord the right to regain possession of their property from a tenant following a successful eviction lawsuit. The writ is typically enforced by the local sheriff or constable, who serves the notice to the tenant and can physically remove the tenant if they do not vacate the premises voluntarily. The timeframe for a tenant to vacate after receiving a writ of possession in Louisiana is generally 24 hours. This process is also applicable in the context of foreclosed properties, where the writ allows the new owner, often the winning bidder at a sheriff's sale, to take possession of the property. Louisiana law requires strict adherence to legal procedures for evictions, and landlords must follow the steps outlined in state statutes, including providing proper notice before seeking a writ of possession.