Eviction is a legal process. But the writ of possession is where that process turns real. It is the moment the law stops being theoretical and starts changing who holds the keys. In Texas, this step comes fast. Often faster than people expect.
So what exactly is a writ of possession? And how does it work under Texas law?
If you are a landlord waiting on one, or a tenant who just got the notice, keep reading. Because once the writ is issued, time is short and options are few.
The Legal Meaning Behind a Writ of Possession
Let’s be clear from the start. A writ of possession is not an eviction notice. It is not a warning. It is not a threat. It is a court ordered document that allows a constable to physically remove tenants and return possession of the property to the landlord.
It is the final enforcement tool in the eviction process. Everything that came before it, including the notice to vacate, the court date, and the judgment, was leading here.
And once it is in the hands of law enforcement, the tenant is out of legal defenses.
When Is a Writ of Possession Issued
After an eviction lawsuit, which is officially called a forcible detainer suit in Texas, the landlord must win in court. The judge must sign a judgment awarding possession of the property back to the landlord. But that judgment alone does not remove the tenant.
The landlord must wait five full days. This waiting period gives the tenant a chance to file an appeal. If no appeal is filed, the landlord can request the writ from the justice court. In many cases, that writ is issued the same day the request is made.
Think of it this way. The court judgment gives the landlord the right. The writ gives them the power.
Who Delivers the Writ
Only a constable or sheriff can serve a writ of possession in Texas. Not the landlord. Not a property manager. Not a private security guard. This is a court backed enforcement, and it must be handled by an official.
The constable first serves a 24 hour notice to vacate, usually by posting it on the front door. After that time expires, they are allowed to physically remove the tenant, along with their belongings.
The landlord must be present when the writ is executed. They are the one who provides access and oversees the removal process.
What Happens During Execution
Execution of the writ is direct. Once the 24 hours have passed, the constable shows up, knocks on the door, and enters the property.
If the tenant is still inside, they will be told to leave immediately. If they refuse, the constable can remove them by force. This is rare, but it does happen.
Furniture, clothing, and all personal property inside the unit can be removed and placed outside. There is no grace period. No extra time to pack. No storage offered. The property is simply cleared out.
The landlord often hires movers to assist, especially if the unit is large or full. Texas law allows for this, but the cost is on the landlord, not the tenant.
Can a Tenant Stop a Writ of Possession
At this stage, it is almost impossible. The tenant had their chance to appear in court. If they failed to do so or lost the case, the clock has already been ticking.
The best chance to stop a writ is to file an appeal within five days of the court judgment. That appeal puts the eviction on hold. But once the writ is issued, appeals are no longer accepted.
If there was a legal error or the landlord violated the process, the tenant could potentially seek an emergency stay in a higher court. But this is rare and requires swift legal action.
Otherwise, the tenant must leave or be removed. The law does not allow negotiation at the writ stage.
What If the Tenant Leaves Before the Constable Arrives
If the tenant vacates voluntarily after receiving the 24 hour notice, then the constable will confirm that the unit is empty. No one is forced out if the property is already abandoned.
Still, the writ stands. The landlord will regain access and can begin securing the property. Changing the locks, cleaning the space, and preparing for re rental are all fair game at that point.
Once the constable confirms that possession has returned to the landlord, the eviction is considered complete under Texas law.
What Happens to the Tenant’s Property
This is one of the most misunderstood parts of the writ process. Tenants often ask whether they will get a chance to come back for their stuff. Will their things be stored
Under Texas Property Code section 24.0061, landlords do not have to store personal property removed during a writ of possession. It can be placed outside on the curb or sidewalk. That is it.
Some cities have local ordinances requiring temporary storage. Austin, for example, has additional tenant protections. But in most counties, property left inside is removed and left outside.
If the tenant is not present, they may return to find everything gone, thrown out, or damaged by weather. The law does not require notice beyond the 24 hour posting.
What About Lockouts or Self Help Evictions
Let’s address something important. Texas landlords are not allowed to force tenants out without a court order. Changing the locks, turning off utilities, removing doors. All of that is illegal.
The writ of possession is the only lawful way to remove a tenant after an eviction judgment. Skipping the legal process opens the landlord up to lawsuits. And those can get expensive.
If you are a tenant and this has happened to you, talk to a lawyer immediately. You may be entitled to damages and an order restoring your possession.
How Fast Does All of This Move
Faster than many tenants expect. From the moment a landlord wins in court, they wait five days. After that, they request the writ. Then the constable posts a 24 hour notice.
In many counties, tenants are out seven to eight days after judgment. That is it. A full eviction, from court decision to physical removal, can wrap up in less than two weeks.
For landlords, this is good news. For tenants, it is a ticking clock. If you lose your case, plan for next steps immediately. Waiting makes everything worse.
What Should Landlords Know Before Filing for the Writ
Winning in court is not the end. Landlords must still follow correct procedures to avoid liability.
Request the writ from the same justice court that issued the judgment
Be ready to coordinate with the constable’s office for execution
Hire movers if needed, especially if the tenant has a large amount of property
Change locks only after the constable has granted possession
Failing to follow proper steps can delay the process or trigger legal pushback. Even a small misstep can give a tenant ammunition for appeal or damages.
What Happens After Possession Is Returned
Once the constable executes the writ and hands over possession, the landlord is back in control. But that does not mean the legal process ends completely.
If there is damage to the property, unpaid rent, or other costs, the landlord may still pursue a money judgment. If this was included in the original eviction suit, they can attempt collection through garnishment or other civil remedies.
If not, they may need to file a separate lawsuit. Just because the tenant is gone does not mean the financial issues are settled.
Final Advice from the Legal Side
The writ of possession is a powerful tool, but it is also final. It ends the tenant’s right to occupy the property. It also signals the end of most legal remedies available to them.
If you are a landlord, do it right. Follow every legal step. Partner with the constable. Respect the court’s timing.
If you are a tenant, do not wait until the constable shows up to act. Once the writ is posted, your options shrink to almost nothing. You are not just being evicted. You are being removed by force.
Texas law moves quickly. Whether you are holding the keys or being asked to hand them over, you do not want to guess your way through this.