A warrant of ownership is a legal court order that marks one of the final steps in the eviction process. This allows the landlord to regain control of his property by removing the tenant. So, what exactly is a warrant of ownership? What steps should tenants facing this court order take to prepare, and how should they respond to protect their rights?
What is a warrant of ownership?
A warrant of ownership, which means a court order that allows law enforcement officers to remove tenants and their properties from the rental home, is sometimes referred to as a warrant of eviction. A warrant of ownership is not the same as an eviction. It is just one possible step in the eviction process.
If a resident refuses to leave, this type of warrant legally orders them to stop living in the home by granting the landlord the right to take it back. Landlords do not need to file a warrant of ownership if they have been kicked out and the tenant legally tells them voluntarily leaving the tenant.
You can issue a warrant for ownership for many reasons
The court granted the ownership warrant means that the landlord has won an eviction court hearing, but the tenants have not yet left the property for rent. Court-approved reasons for eviction include unpaid rent, property damage, fraudulent residents, illegal activities or other lease violations. The ownership warrant can also be used during the foreclosure process, but this only affects the homeowner, not the renter.
The eviction process starts with the landlord notifying the tenant in writing that the seat is vacant, allowing a certain number of days to pass. If the tenant fails to comply, the landlord will file an eviction lawsuit and begin the court process. However, if the landlord wins, the tenant must leave or may appeal. If the tenant does not leave after the appeal period, the landlord will request a warrant of ownership.
You may wonder, do you have to provide a warrant of ownership? Typically, the sheriff will provide warrants to the tenants, and law enforcement officers will oversee evictions and oversee changes to the lock to ensure that the property is safe. Although the eviction process may vary by city, county, or state, this Colorado Eviction Process Guide has a general timeline that gives you insight into what the process looks like.
How long do I have to move after the ownership warrant is posted?
You may wonder, how long should I move after the warrant of ownership is issued? The time frame for tenants to move varies from state to state, and usually ranges from one day to one week or more. For example, if you occupy a rental house in Austin, Texas, your tenants will leave at least 24 hours and spend a week in an apartment in Atlanta, Georgia.
If the tenant is not available by the deadline, law enforcement officers can “execute” the warrant and delete it. The entire eviction process can take several weeks, depending on local laws and actions by the landlord, court, and sheriff.
If tenants’ belongings are still in the home when the warrant is executed, the landlord may remove them. Some states require landlords to store their property for a designated period of time, while others give immediate control to the landlord. The landlord may choose to maintain, sell, or dispose of any remaining items.
How to fight a warrant
A judge may, in some cases, stop the warrant of ownership. The tenant or its attorney may file and file an allegation to remain within the period after the warrant is issued. This motion asks the judge to maintain (suspend) the warrant of ownership.
The tenant must provide a reason to file an allegation to maintain the warrant of ownership. It is best to provide extensive evidence of appeals, such as documented conversations with the landlord and receipts paid. An emergency court hearing is scheduled if the judge approves the request. If the judge does not approve it, the eviction process will move forward and officers can execute the warrant of ownership.
Tenants can also appeal to a general eviction decision, but this step is made before the ownership warrant is issued. The Civil Law Self-Help Centre has excellent resources to sue eviction decisions.
Redfin does not provide legal, tax, or financial advice. This article is for informational purposes only and does not replace expert advice from licensed lawyers, tax professionals, or financial advisors.
