A Pennsylvania Writ of Possession is a court order that authorizes a sheriff or constable to remove a tenant from a property if the tenant has been evicted or has not complied with the terms of their lease agreement. A Writ of Possession is issued by the court, after a landlord has successfully obtained a court order of possession. The Writ of Possession directs a sheriff or constable to evict the tenant from the property, remove their personal property, and return possession of the property to the landlord. There are two types of Writs of Possession in Pennsylvania: Summary and Formal. A Summary Writ of Possession is most often used when a tenant has failed to pay rent or has violated the terms of their lease agreement. A Formal Writ of Possession is used when a tenant has been in possession of the property for more than one year.
Pennsylvania Writ of Possession
Description Writ Of Possession Form
How to fill out Pennsylvania Writ Of Possession?
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FAQ
The Writ of Possession notifies the tenant that an eviction will take place on or after 11 days from the day the Writ of Possession is served. As a result, no eviction can take place until 21 days after the court judgment- (10 day appeal period + 11 day Writ of Possession).
Stopping the Writ of Execution The most effective way to stop a writ of execution is to ask the Judgment Creditor to stop it. The sheriff will often back off if the parties are working to resolve the judgment.
It takes 5 days for the Writ of Possession to be issued by the court. Law enforcement officials have 48 hours to serve this court order to the tenant. After that, the tenant has 10 days to move out of the property.
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.
Order for Possession If you disagree with the decision and want to stay in the home, you will need to file an Appeal to the Court of Common Pleas within 10 days of the judgment date and post a bond. See Appeal Process.
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 order for possession deals only with delivery of possession of real property and not with a levy for money damages. A landlord who seeks execution of the money judgment part of the judgment must proceed under Rule 521A, using the forms and procedure there prescribed.
Order for Possession If the judgment is Possession Granted, you will have to move out of the home by the scheduled eviction date even if you pay all the money owed in full.