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 Tennessee, a writ of possession, also known as a writ of eviction, is a legal document that a court issues to enforce an eviction order. This occurs after a landlord has successfully won an eviction lawsuit against a tenant. The writ of possession grants the landlord the legal right to reclaim the property, and it is typically executed by the local sheriff's department. The sheriff or constable is responsible for serving the writ on the tenant and may physically remove the tenant if they do not vacate the premises voluntarily. The time frame for a tenant to vacate after being served with a writ of possession in Tennessee is generally very short, often just a few days, but it can vary depending on the specific circumstances of the case. Additionally, in the context of foreclosed properties, a writ of possession allows the new owner, who has purchased the property at a foreclosure sale, to take immediate possession. It's important for both landlords and tenants to understand their rights and obligations under Tennessee law regarding eviction proceedings and writs of possession.