The Judgment Doesn't Move the Tenant
A common misconception among first-time evicting landlords is that once the judge rules in your favor, the tenant has to leave immediately. They don't. The judgment gives you the legal right to remove the tenant, but you still can't do it yourself. Only law enforcement — typically the county sheriff — has the authority to physically remove a tenant from a property.
Getting from judgment to actual possession of your property involves additional steps, additional paperwork, and additional waiting. Understanding this process prevents the frustration and potential legal mistakes that come from thinking the hard part is over when the judge says "judgment for the plaintiff."
The Writ of Possession
After receiving a judgment for possession, your next step is to request a "writ of possession" (also called a "writ of restitution" or "writ of execution" in some states) from the court. This is the document that authorizes law enforcement to remove the tenant from the property.
In some jurisdictions, the court issues the writ automatically as part of the judgment. In others, you need to file a separate request and pay an additional fee. Most states also require a mandatory waiting period between the judgment and when you can request the writ — typically 5 to 10 days — to give the tenant time to voluntarily vacate or file an appeal.
Once you have the writ, you deliver it to the sheriff's office (or marshal's office in some jurisdictions). The sheriff then serves the writ on the tenant, giving them a final deadline to leave — usually 24 to 72 hours depending on the state. If the tenant still doesn't leave after this final notice, the sheriff returns to physically remove them and lock you back into your property.
The Sheriff Lockout
The sheriff lockout (sometimes called a "set-out") is the final step. The sheriff arrives at the property, confirms the tenant hasn't vacated, and supervises the removal. In most states, the sheriff's role is to ensure the removal happens peacefully and legally — they're there to enforce the court order, not to help you move furniture.
What happens to the tenant's belongings during a lockout varies significantly by state. Some states require you to move the tenant's possessions to the curb and they become the tenant's responsibility to retrieve. Other states require you to store the belongings for a specified period — sometimes 15 to 30 days — and send the tenant written notice about where their property is and how to claim it. Disposing of belongings before the required storage period expires can expose you to a personal property claim.
This is one of the most state-specific parts of the entire eviction process. Handling belongings incorrectly after you've done everything else right is an expensive mistake that's entirely avoidable. Know your state's rules before the lockout day arrives.
Never do this yourself. Even with a judgment and a writ, you cannot change the locks, remove the tenant's belongings, or enter the property to take possession until the sheriff executes the writ. Self-help eviction — even after winning in court — is illegal and can result in the tenant filing a claim against you for damages.
Dealing with Tenant Appeals
In most states, the tenant has the right to appeal the eviction judgment within a specified time period, typically 5 to 14 days after the judgment is entered. If the tenant files an appeal, the eviction process is usually stayed — meaning the writ of possession cannot be executed until the appeal is resolved.
Appeals can add weeks or months to the process. In some states, the tenant must post a bond — essentially depositing the owed rent with the court — in order to stay the eviction during the appeal. In others, the appeal automatically stays the eviction regardless. This is another area where state law controls and the differences are significant.
If the tenant appeals, the case goes to a higher court for review. The appellate court looks at whether the lower court made legal errors, not whether it should have believed different testimony. Most eviction appeals are unsuccessful if the lower court followed proper procedure, but the delay itself is the real cost to the landlord.
The best defense against delays from appeals is making sure your original case is airtight. Proper notice, proper service, complete documentation, and correct legal procedure at every step make it very difficult for a tenant to win on appeal.
Collecting the Money Judgment
If the court awarded you a money judgment — for unpaid rent, damages, court costs, and attorney fees — you have the legal right to collect that amount from the former tenant. Having the right to collect and actually collecting are, unfortunately, very different things.
The court does not collect money for you. You have to pursue collection yourself using the legal tools available. Options include wage garnishment (where a portion of the tenant's paycheck is redirected to you), bank account levy (where funds are seized from the tenant's bank account), property liens, and reporting the judgment to credit bureaus.
The reality is that many eviction money judgments go uncollected. Tenants who couldn't pay rent often don't have wages to garnish or bank accounts to levy. However, judgments in most states are valid for 10 to 20 years and can be renewed, so you have time. Some landlords wait until the former tenant's financial situation improves and then pursue collection. Others sell the judgment to a collection agency for a fraction of the face value.
If the amount is significant, consulting with a collections attorney about the most effective strategy for your specific situation is usually worth the investment. They can advise on which tools are available in your state and which are most likely to produce results based on the debtor's circumstances.
Getting the Property Back in Shape
Once you have physical possession of the property, the work shifts from legal to practical. Properties that go through evictions often need significant work before they can be re-rented. The turnover process typically involves a thorough damage assessment and documentation (photos, video, written notes), necessary repairs and cleaning, changing all locks and access codes, updating any utility accounts that were in the tenant's name, and marketing the unit for new tenants.
Document the condition of the property extensively before making any repairs. This documentation serves two purposes: it supports any damage claim against the security deposit, and it provides evidence for the money judgment if the damage exceeds the deposit.
Security deposit handling after an eviction follows the same rules as any other move-out in your state. You must provide an itemized statement of deductions within the timeframe your state requires — typically 14 to 30 days. If the damage exceeds the deposit, the excess can be added to your money judgment if the court hasn't already awarded it.
The eviction process from start to finish — establishing grounds, serving notice, going through court, and executing the judgment — is a chain where every link matters. One weak link and the whole thing breaks. That's why understanding each stage before you need it is the most valuable investment a landlord can make.
Preventing the Next One
After going through an eviction, most landlords have one thought: never again. The best way to avoid future evictions is to screen better on the front end. A thorough screening process that checks credit, criminal history, eviction records, income, and landlord references catches the majority of problem tenants before they ever sign a lease.
It's also worth reviewing your lease agreement after an eviction. Did the lease clearly cover the issue that led to the eviction? Were the terms specific enough to enforce? Were there clauses you wish you had included? Every eviction is a learning opportunity to tighten your documents and processes for next time.
Don't go through another eviction that could have been prevented. Invest in proper tenant screening and use the tools available to verify every applicant before signing a lease. The cost of screening is a fraction of the cost of eviction.