Q: Can the clerk issue a writ of possession for a landlord who was only granted Recovery of Rent?
The Supreme Court only allowed rent recovery and the eviction still pending. I don’t know if the clerk should get the Writ signed by the judge or not.
A:
Based on the limited details provided, it does not seem appropriate for the clerk to issue a writ of possession if the court only granted a judgment for recovery of rent and the eviction case is still pending.
Typically, a writ of possession is an order directed to the sheriff to remove tenants and their belongings from a property and restore possession to the landlord. It is usually issued after the court grants an eviction judgment or judgment for repossession in favor of the landlord.
Since you said the Supreme Court only allowed rent recovery and the eviction action is still pending, it suggests there has been no final judgment granting repossession or eviction at this stage. Without a court order specifically awarding repossession of the property, the clerk should not issue a writ of possession.
The rent recovery judgment only awards unpaid rent amounts to the landlord. It does not, in itself, order the tenants to vacate or return possession. The landlord would still need to prosecute the pending eviction lawsuit and obtain a court order granting restitution of premises before a writ could be properly issued and executed.
So in this case, it would be premature and likely improper for the clerk to issue a writ. The landlord should continue pursuing the pending eviction action to its conclusion first.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
