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 Montana, a writ of possession, also known as a 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 issue this writ to grant the landlord the right to reclaim the property from a tenant. The process is governed by Montana state law, specifically the Montana Residential Landlord and Tenant Act for residential tenancies, and by other statutes for commercial tenancies. Once the writ is issued, it is typically served by the local sheriff or a constable, who is also responsible for enforcing the order, which may include physically removing the tenant if they do not vacate the property voluntarily. The time frame for a tenant to vacate after being served with a writ of possession in Montana can vary, but it is generally a short period, often 24 hours to 48 hours, depending on the specific circumstances of the case. In the context of foreclosed properties, a writ of possession allows the new owner, who purchased the property at a sheriff's sale or foreclosure auction, to take possession of the property. The procedures and timelines for these writs are also subject to state regulations and may differ based on whether the property is residential or commercial.