Phil Querin Q&A: When to use 'Writ of Execution'

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January 31, 2018
Phil Querin
MHCO Legal Counsel
Querin Law

 

Q:        After filing a 72-hour notice for nonpayment of rent, the landlord obtained a judgement of restitution by default, since the tenant failed to appear in court.  The tenant has now abandoned the home.  Is it necessary for the landlord to have the sheriff issue a writ of execution at the home?

 

 

A:        The writ of execution is necessary only in those cases in which the tenant refuses to vacate after the court has awarded possession of the space back to the landlord (also known as a “judgment of restitution”).  If the tenant has voluntarily left following issuance of the judgment of restitution, the landlord may declare an abandonment after 7 days following the judgment.  If a writ of execution has been issued, landlords do not have the right to obtain recovery of storage charges upon timely removal of the home by the tenant.  Accordingly, the writ should only be served by the sheriff in those cases in which the tenant has refused to vacate following issuance of a judgment of restitution.

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