Can the clerk issue a writ of possession for a landlord who was only granted Recovery of Rent?

Question

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.

James L. Arrasmith · Answer

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.

Q: Can the clerk issue a writ of possession for a landlord who was only granted Recovery of Rent?