Physically removing an evicted tenant by a writ of possession
Only after a landlord has prevailed in court by obtaining a judgment of eviction can the tenant be legally ordered to move out of the residence by a specific date. Should the tenant refuse to vacate the premises on that date, the landlord or his lawyer must return to court and request that it issue a writ of possession. This court order directs law enforcement to remove the tenant – physically if need be.
If the tenant refuses to vacate by resisting the officer’s request, the evicted tenant can be arrested for disobeying a court order.
The landlord cannot forcibly remove the tenant on their own. This is a form of self-help and is strictly prohibited by the law. Also, the court can only issue a writ of possession after the landlord has obtained a lawful judgment of eviction and the judgment has been entered and filed by the court.
