If a writ of restitution is granted how long will the tenant have to remove their personal property from the rental property?

Landlord agreed to accept deposit and rent from homeless prevention and rapid rehousing program. However, after I complained of seeing a rat in the apartment, he threatened to evict me for causing “problems”. The landlord then refused payment from the HPRRP because I called the health department which found several violations. He filed for eviction based on non-payment and won. He also filed for and was granted a writ of restitution. Unfortunately I did not have money to pay for an attorney and cannot figure out what the writ means or how long I have to completely move out.

Asked on November 29, 2011 under Real Estate Law, Ohio


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In the legal field, a "writ of restitution" means that there is an order against you for a specific dollar amount owed to the landlord for unpaid rent. In essence the "writ of restitution" is a judgment against you.

In all likelihood the "writ of restitution" specifically states a certain time period for you to remove your personal property from the former rental that you had. If it does not, I suggest that you call and write the landlord asking for a set time and date for you to show up at your former rental. Keep a copy of your letter for future need.

If there is a legal aid program in your community, I suggest that you call and see what assistance can be given to you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.