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Court Countywide OF POSSESSION Case Number Page 1 of 1 Tennessee State of Tennessee vs. Defendant(s) To Any Lawful Officer of Said County:Whereas, at a trial in said County on , before.
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FAQ
If you did something dangerous or threatening, the landlord only needs to give you three (3) days to move out. If you did not pay rent or broke your lease agreement, you may be given a thirty (30) day notice to move out.
The writ of possession shall direct the proper officer to take the property out of the possession of the defendant and deliver the same to the plaintiff. The writ of possession shall be executed by the proper officer by seizing the personal property and delivering the same to the plaintiff.
Simply put, the Motion to Stay the Writ of Possession is a document filed with the court asking the judge to “stay” or “stop” the sheriff from executing the Writ of Possession and removing the resident. It can be a typed or handwritten document filed by the resident or the resident's attorney if one is retained.
The Writ of Possession is a court order which informs the tenant that they must move out of their housing on the property or else they will be forcibly evicted.
Writ of Restitution This writ is issued after the plaintiff receives judgment on a detainer warrant. When the writ is issued, it is the plaintiff's responsibility to contact the Warrants Division to coordinate the eviction details.
When law enforcement receives the writ, it acts to immediately remove the tenant. Tennessee law does not allow for a grace period. An eviction action in the state takes about four to eight weeks to complete, but can take longer if the tenant contests the decision or the court's schedule changes.
If the tenant can remedy ("cure") the situation, the notice must give the tenant 14 days to do so (or move out). If the tenant doesn't correct the behavior or move out within 14 days, the landlord can terminate the tenancy and file an eviction lawsuit. (Tenn. Code § 66-7-109 (2022).)
Simply put, the Motion to Stay the Writ of Possession is a document filed with the court asking the judge to “stay” or “stop” the sheriff from executing the Writ of Possession and removing the resident. It can be a typed or handwritten document filed by the resident or the resident's attorney if one is retained.
Related content
WRIT OF POSSESSION
Defendant(s), possession of the following property, to-wit: You are commanded to forthwith...
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