When a tenant refuses to move out after a lawful eviction judgment, a landlord’s right to recover possession of the property doesn’t happen automatically. That’s where the writ of possession comes in — the final legal step in the Texas eviction process.

Definition

A writ of possession is a court order issued by the justice court authorizing the constable or sheriff to remove the tenant and their belongings from the rental property. It enforces the court’s judgment in favor of the landlord after an eviction suit, ensuring that the property is physically returned to the landlord’s control.

When It Can Be Issued

After a landlord wins an eviction case, the tenant has five days to appeal or voluntarily vacate. If they don’t, the landlord can request the writ of possession from the court. The justice court will then issue the writ, directing law enforcement to carry it out.

The Process

1. Issuance: The landlord files an application for a writ of possession with the same justice court that handled the eviction.
2. Notice: Once issued, the constable must post a 24-hour written notice on the property before executing the writ.
3. Execution: After the notice period, law enforcement may remove the tenant and their belongings, placing personal property outside the rental unit or in a storage location as required by law.
4. Re-entry: The landlord may then take legal possession, change the locks, and secure the premises.

Legal Authority

The writ of possession process is governed by Texas Property Code § 24.0061. This statute outlines the timing, notice, and execution requirements designed to balance the landlord’s right to possession with the tenant’s right to due process.

Practical Tips for Landlords

• Don’t self-evict. Texas law prohibits landlords from removing tenants, changing locks, or disposing of property without a court-issued writ.
• Act promptly. File for the writ as soon as the five-day appeal period expires.
• Coordinate with the constable. Each precinct may have specific procedures and scheduling times for executing writs.

Conclusion

A writ of possession is the enforcement mechanism that makes an eviction judgment meaningful. It marks the end of the legal process and restores rightful possession to the landlord — but only when handled through proper legal channels.

At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.