Ejecting a Tenant from the Property: Eviction

An eviction order, also known as a writ of possession or writ of ejectment, is an unfortunate part of property management for most of us at some point. It gives landlords the right to have a tenant physically removed from the rental premises and retake possession of the unit.

The good news is landlords are not personally responsible for the task of carrying out the order, as court orders are enforced by law enforcement personnel.

Typically, a sheriff's deputy arrives at the premises with the writ of possession, orders the tenant to vacate immediately and seizes his possessions under threat of arrest. The deputy stays until the tenant is completely moved out of the property.

Do not make the mistake of trying to bypass legal procedures by evicting a tenant without the proper court orders. You would be guilty of illegal self-help action, and the ramifications stemming from an illegal eviction are serious.

Work with a lawyer (or use an eviction service) to obtain a legal eviction order. Changing the locks, turning off utilities, entering the unit and removing the tenant's property or threatening the tenant violates the law. The tenant has the right to sue for damages as a result of any of these actions.

Play it smart and abide by your state and local laws.