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 Oklahoma, a writ of possession or eviction is a legal document that a court issues to enforce an eviction order, granting the landlord the right to take back their property from a tenant. This occurs after a landlord has successfully won an eviction lawsuit. Once the writ is issued, it is typically served by the local sheriff or a constable, who is also responsible for carrying out the physical eviction of the tenant if necessary. The time frame for a tenant to vacate the premises after being served with a writ of possession in Oklahoma is generally short, often giving the tenant 48 hours to leave. In the context of foreclosed properties, the writ of possession enables the new owner, who purchased the property at a sheriff's sale, to take immediate possession. It's important to note that specific procedures and timelines can vary based on local regulations and the circumstances of each case. Tenants facing eviction and purchasers of foreclosed properties should consult with an attorney to understand their rights and obligations under Oklahoma law.