real estate
Actual eviction
A lessor-initiated legal procedure in which a delinquent tenant is physically evicted from the rental property pursuant to a court order.
An actual eviction, also known as a physical eviction, is the final step in the legal eviction process where law enforcement (typically the sheriff's department) physically removes a tenant and their belongings from a rental property after a court has issued an eviction judgment. This occurs only after:
- The landlord has obtained a court order (typically called a "writ of possession" or "writ of restitution")
- The tenant has failed to vacate the property voluntarily within the timeframe specified by the court
- Local law enforcement has been scheduled to execute the court order
It's important to note that landlords cannot perform actual evictions themselves. Attempting to remove tenants without proper legal authority (such as changing locks or removing belongings) is illegal and commonly known as "self-help eviction." Only law enforcement can carry out an actual eviction after receiving proper court authorization.
During an actual eviction, law enforcement officers (potentially a sheriff, constable, etc.) will:
- Arrive at the property at the scheduled time
- Ensure the tenant leaves the premises
- Supervise the removal of the tenant's belongings if necessary
- Return legal possession of the property to the landlord