Tennessee Writ of Possession for Real Property
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How to fill out Tennessee Writ Of Possession For Real Property?
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FAQ
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.
A detainer warrant is similar to a summons in that it directs the tenant to appear in court at a specific time and date. Should the tenant fail to appear in court, a default judgment will be entered against him.
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.
Tennessee laws dictate that a tenant must vacate the property before the Writ of Possession is issued because once law enforcement officers receive the Writ, they must execute it immediately. No grace period is given in Tennessee state.
Writs of restitution are commonly known as evictions; they are another kind of process that brings with it significant and inherent risks to officer and public safety during execution. They are also among the very few civil orders that mandate use of force, where necessary, to achieve service. T.C.A. § 29-18-127.
T.C.A. § 29-18-127. The sheriff has not obeyed or executed a writ of restitution until he or she delivers actual possession of the premises to the plaintiff and leaves the plaintiff in quiet possession.
Talk to Your Landlord You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease.