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 Ohio, 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. The process begins with the landlord filing an eviction action in court, and if the court rules in favor of the landlord, the writ of possession is issued. Once the writ is issued, it is typically enforced by the local sheriff's department, not a constable, as Ohio does not have constables that perform this function. The sheriff will serve the writ on the tenant, and if the tenant does not vacate the premises within the time frame ordered by the court, the sheriff is authorized to physically remove the tenant and their belongings. The time frame for a tenant to vacate after being served can vary, but it is often set at a few days to a week. In the context of foreclosed properties, the writ of possession allows the new owner to take possession after a sheriff's sale. It's important for landlords and tenants to understand that the specific procedures and timelines can vary by local jurisdiction within Ohio, and they should consult with an attorney for guidance on the current regulations applicable to their situation.