Writ Of Possession

A writ of possession is a court order requested by a creditor to take possession of immovable property when a debtor has not complied with a previous court order to repay his debt.

This writ allow a bailiff or sheriff to take over possession of real estate owned by the debtor so as to recover the debts to the creditor.

Circumstances like this can be the result of eviction whereby a tenant owes rental but refuses to move out of the premises, or when illegal activities are being conducted on the property.

In this case, a landlord needs to provide evidence that the tenant is in breach of contract and eviction is justified.

As eviction law can be complex, do consult a lawyer when in doubt.

When a writ of possession is issued by the court, the tenant is given notice and would be given a reasonable number of days to vacate the premises.

And if a tenant still refuses to leave, he or she can be forcibly removed by law enforcement officers. Landlords should not take matter into their own hands.

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