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 North Dakota, 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 grant this writ to provide the landlord with the exclusive right to take back their property. The eviction process in North Dakota requires the landlord to first serve a notice to the tenant, which can vary in length depending on the reason for eviction. If the tenant does not comply, the landlord may then file an eviction action in court. Once the court rules in favor of the landlord, and if the tenant still does not vacate the premises, the writ of possession is issued. The local sheriff's department is typically responsible for serving the writ and carrying out the eviction, which may include physically removing the tenant if necessary. The timeframe for a tenant to vacate after being served with a writ of possession in North Dakota is generally short, often providing only a few days for the tenant to leave the property. In the context of foreclosed properties, the writ of possession allows the new owner to take immediate possession after purchasing the property at a sheriff's sale or foreclosure auction.