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 Vermont, a writ of possession or eviction is a legal document that a court issues to a landlord after they have won an eviction lawsuit against a tenant. This writ authorizes the landlord to reclaim possession of their property. The process is handled by a law enforcement officer, typically a sheriff or constable, who serves the writ to the tenant. If the tenant does not comply and vacate the premises within the time frame ordered by the court, the officer is authorized to physically remove the tenant. The time frame for a tenant to leave the property after being served can vary, but it is usually set by the court in accordance with Vermont state law. Additionally, in the case of foreclosed properties, a writ of possession allows the new owner, who has purchased the property at a sheriff's sale or foreclosure auction, to take possession of the property. Vermont statutes and court rules outline the specific procedures and timelines for eviction and the issuance of writs of possession, ensuring that the rights of both landlords and tenants are respected throughout the process.