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 Maryland, 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 property and is enforceable by the local sheriff or constable. The process begins with the landlord filing a complaint in the District Court where the property is located. If the court rules in favor of the landlord, it will issue a judgment for possession. The tenant then has four days to appeal or vacate the property. If the tenant does not vacate, the landlord can request a writ of possession from the court. Once the writ is issued, the sheriff or constable will post a notice at the property, giving the tenant 24 hours to leave. If the tenant still does not vacate, the sheriff will return to physically evict the tenant. In the context of foreclosed properties, the purchaser at a sheriff's sale can also obtain a writ of possession to take immediate control of the property. The specific procedures and timelines can vary slightly depending on the county within Maryland, but the general process is governed by Maryland state law.