A Tennessee Writ of Possession is a legal document issued by a court in Tennessee that orders a tenant to vacate a rental property and surrender possession to the landlord. The Writ of Possession also allows the landlord or their designated representative (such as a sheriff) to take possession of the property and remove the tenant's personal property from the premises. There are two types of Writ of Possession in Tennessee: 1) Standard Writ of Possession, which is used when a tenant has failed to pay rent or violated the lease agreement; and 2) Summary Writ of Possession, which is used when the tenant has failed to vacate the premises after receiving proper notice from the landlord.
Tennessee Writ of Possession
State:
Tennessee
Control #:
TN-SKU-1109
Format:
PDF
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Writ of Possession
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FAQ
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.
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.
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.
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.
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.
A writ of attachment is a form of prejudgment process in which a court orders the attachment or seizure of property described in the writ. The property is seized and held in the custody of an appointed official, such as a U.S. Marshal or law enforcement officer, under court supervision.
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.