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

Answers:

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.


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