You won the case. Now here's what happens to actually get your property back.
Winning the eviction hearing gives you a legal judgment for possession of the property, and often a money judgment for unpaid rent. But the judgment alone doesn't remove the tenant. You need a writ of possession — a court order directing law enforcement to physically remove the tenant if they don't leave voluntarily. There's a waiting period between judgment and writ execution, and that period varies by state.
In some states, the tenant has 24 to 48 hours after judgment to vacate before the writ is executed. In others, the tenant has up to 10 days, and in a few states, up to 30 days. During this period, the tenant can also file an appeal in most jurisdictions, which may stay the eviction — meaning you can't execute the writ until the appeal is resolved.
Once the waiting period expires (and assuming no appeal is filed), you request a writ of possession from the court. In some jurisdictions this is automatic, in others you need to file a separate request. There's usually a small fee — $50 to $200. The writ is then given to the sheriff or constable for execution.
The sheriff will schedule the lockout — the physical act of removing the tenant and changing the locks. This is typically scheduled within 3 to 10 days of receiving the writ. You or your representative should be present at the lockout with a locksmith. The sheriff oversees the process to ensure it proceeds legally and peacefully.
When the tenant is removed, they may leave personal property behind. Every state has specific rules about how you must handle abandoned belongings. Some require you to store them for a specified period (typically 15 to 30 days), notify the tenant of where they can retrieve their property, and only dispose of items after the storage period expires. Others allow faster disposal, especially for items of low value.
Do not throw tenant belongings in the dumpster the day of the lockout unless your state explicitly allows it. Improper disposal of tenant property can result in liability even after you've won the eviction. Document everything you find in the unit with photos and a written inventory. Follow your state's abandoned property procedures exactly.
If the court awarded you a money judgment for unpaid rent, damages, and costs, collecting it is a separate challenge. Most evicted tenants don't have the money to pay — that's often why they were evicted. Your options for collection include wage garnishment where allowed by state law, bank account levy, property liens, and reporting to credit bureaus through the court judgment record.
Be realistic about collection. National data suggests that landlords collect only 20-30% of eviction money judgments. The judgment is valid for years (typically 10-20 depending on the state) and can sometimes be renewed, so there's value in keeping it active even if immediate collection isn't possible. But factor the likely collection rate into your financial planning.
The eviction process is a financial event from start to finish. Understanding the full cost picture helps you make better decisions about when to evict, when to offer cash-for-keys, and how to budget for the process. And the best way to avoid eviction entirely is better tenant screening on the front end — start here.