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 Michigan, a writ of possession, also known as a writ of eviction, is a legal document that a landlord can obtain after successfully winning an eviction lawsuit against a tenant. This writ authorizes the landlord to reclaim possession of the property. Once the court issues the writ, it is typically served on the tenant by a court officer, such as a sheriff or bailiff. The tenant is then required to leave the premises within the time frame specified by the court, which can vary but is often 24 hours to 10 days in Michigan. If the tenant does not vacate the property within the allotted time, the court officer is authorized to physically remove the tenant and their belongings. Additionally, in the context of foreclosed properties, the purchaser at a sheriff's sale can obtain a writ of possession to take immediate control of the property. The specific procedures and timelines for eviction and writs of possession are governed by Michigan state statutes and court rules, and they must be strictly followed to ensure the eviction is lawful.