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 Pennsylvania, a writ of possession is a legal document that a landlord can obtain after successfully winning an eviction lawsuit against a tenant. This writ provides the landlord with the legal authority to reclaim possession of the property. Once the court issues the writ, it is typically served on the tenant by the local sheriff or constable. The tenant is then required to leave the property within a specified period, which can vary but is often 10 days after the writ is issued. If the tenant fails to vacate the premises within this time frame, the sheriff or constable has the authority to physically remove the tenant. In the context of foreclosed properties, a writ of possession allows the new owner, who purchased the property at a sheriff's sale, to take possession of the property. The process and timelines for eviction and the issuance of a writ of possession are governed by the Pennsylvania Landlord and Tenant Act of 1951 and other relevant state laws. It is important for landlords to follow the proper legal procedures when seeking a writ of possession to ensure compliance with state regulations.