What is a Writ of Possession?
When the judge rules in favor of the property owner, they may be tempted to believe that this now gives them the right to evict the tenant.
This is not so, the ruling is just another step in the eviction process and evicting the tenant, after the ruling in your favour, without completing the eviction process will result in legal complications; this may cause the tenant to be in the property longer than required.
Is the writ of possession the same as an eviction?
A writ of possession is not the same as an eviction (it is just another step in the eviction process. An eviction is not complete until the tenant and all their belongings have been removed from the property, following the proper legal process.
Writ of Possession, North Carolina
Even in eviction cases against squatters, all procedures in the eviction process must be followed because in North Carolina and many other states, squatters have rights.
A writ of possession is a court order which gives the county sheriff permission to evict the tenant using low level force. The writ will be given to the tenant at least 24 hours before the eviction is performed. After the tenant has been evicted, the sheriff will supervise a lock change of the premises by a professional locksmith.
How long does it take to get a ‘Writ of Possession’?
A property owner can file for a writ of possession after the ten (10) days given for the tenant to appeal has expired. If the tenant has not appealed and has not vacated the property, a writ of possession may be filed.
Seven (7) days after the writ of possession is issued the sheriff will enforce the writ by removing the tenant from the premises.
How Else Can I Handle the Eviction of My Tenant? | The Residential Buyer
If you’re concerned about following the eviction process correctly or perhaps just would rather not have to deal with it, then reach out to The Residential Buyer so that we can take care of the problem for you. We’ll buy the property as-is and handle the eviction process after we’ve closed on the home.