What is a writ of restitution?

A writ of restitution is a legal document that is issued by a court to authorize a landlord to regain possession of a rented property from a tenant who has failed to pay rent or violated the terms of the lease agreement. The writ of restitution typically provides a deadline for the tenant to vacate the premises, after which the landlord may take steps to physically remove the tenant if they refuse to leave.

The process of obtaining a writ of restitution involves the landlord filing a complaint with the court, proving that the tenant is in breach of the lease agreement, and obtaining a judgment in their favor. The writ of restitution is then served on the tenant by a sheriff or other authorized official, informing them of the court's decision and providing instructions for vacating the premises.

In some jurisdictions, the writ of restitution may also allow the landlord to recover any unpaid rent or damages incurred as a result of the tenant's breach of the lease agreement. Failure to comply with a writ of restitution can result in further legal action, such as eviction proceedings or the involvement of law enforcement to physically remove the tenant from the property.