Writ Of Ejectment Versus Eviction What Is The Difference?

A writ of ejectment is a court‑ordered action that compels anyone - tenant or non‑tenant - who unlawfully remains in a property to leave and restores possession to the rightful owner. Courts issue it after the plaintiff proves ownership and the defendant's lack of legal right to stay; the process bypasses the streamlined eviction track, often incurring higher fees and longer timelines.

Typical scenarios include squatters occupying a vacant house, a former family member refusing to move after an inheritance dispute, or a commercial lessee that ignored a lease‑termination notice. In each case, the property owner files an ejectment suit, obtains a judgment, and then enforces the order through a sheriff's officer who physically removes the occupants. (Details on procedural steps appear in the 'quick steps you take for safe eviction filing' section.)

Eviction kicks a problem tenant out by following a court‑ordered timeline that ends with a sheriff‑enforced lockout. Unlike a writ of ejectment, the process stays within landlord‑tenant law, keeping costs low and deadlines short.

• Serve a written notice that spells out the breach and gives the tenant a statutory cure period, usually three to thirty days.
• File an unlawful‑detainer complaint once the notice expires; the court schedules a hearing within a few weeks, far quicker than the months‑long ejectment docket.
• Obtain a judgment for possession; the judge's order legally confirms the tenant must vacate, and it often includes back‑rent penalties.
• Request a writ of possession; the clerk issues it within days, allowing the sheriff to act without additional litigation.
• Coordinate the sheriff's lockout; the officer posts a notice, changes the locks, and the tenant's belongings are removed, finalizing the eviction.

Eviction follows the landlord‑tenant statutes that dictate notice periods, breach definitions, and a streamlined court order to vacate. The process begins with a written notice, proceeds to a complaint, and typically ends with a sheriff‑served writ of possession. A writ of ejectment, however, is a common‑law claim seeking possession from anyone lacking legal title, including squatters, former owners, or holdover tenants even when a lease exists. This action requires the plaintiff to prove superior title, often leading to more extensive discovery and a fuller trial record.

Speed and expense tilt toward eviction; most courts schedule a hearing within three weeks, and filing fees stay under five hundred dollars. Ejectment timelines stretch to two months or more, especially when title documents are disputed, and attorney costs frequently surpass a thousand dollars. Opt for eviction when dealing with ordinary lease violations, and reserve ejectment for non‑tenant disputes such as boundary intrusions or title‑defect battles (as we'll explore in the non‑tenant removal section). For a quick rundown of eviction timelines, see Nolo's eviction process guide.

A writ of ejectment applies whenever someone occupies the property without a lease, a rental agreement, or any lawful tenancy claim. Unlike eviction, which targets lease‑bound tenants (though some states allow eviction against squatters), ejectment handles occupants that the court treats as trespassers or unauthorized possessors, and the process usually runs slower and costs more.

• Former owners or heirs who inherited a vacant home but never received title transfer paperwork.
• Individuals who moved in after a foreclosure sale and never signed a rental contract.
• Squatters who entered an abandoned unit without permission and lack any written agreement.
• Licensees or guests who overstayed after the license expired and refuse to leave.
• Contractors or workers who remain on site after a job ends and no longer have written permission.

(For state‑specific rules, see Nolo's guide to ejectment actions.)

Safe eviction filing follows a tight checklist that eliminates costly mistakes. The steps below build on the key differences discussed earlier and set the stage for the timeline traps examined next.

1. Confirm the party is a tenant and identify a legally valid ground - unpaid rent, lease breach, or holdover - by reviewing the lease and payment history.
2. Look up the precise notice period required in the jurisdiction; for example, California's 3‑day notice for non‑payment and New York's 14‑day notice for the same (see state eviction notice requirements).
3. Write the notice using the exact language mandated by local law, list the amount owed or violation, and state the cure deadline. Keep a dated copy for the record.
4. Deliver the notice via the method prescribed - personal service, certified mail, or posting on the premises - and retain the delivery proof.
5. Assemble supporting documents: rent ledger, emails, photographs of damage, and any prior warnings. Organize them chronologically for easy reference at the hearing.
6. Submit the eviction complaint to the proper court, attach the proof of service and evidence bundle, and pay the filing fee. Request a hearing date and note the case number for follow‑up.
7. Appear at the hearing, present the compiled evidence succinctly, and, if successful, obtain the writ of possession that authorizes removal.

Eviction and writ of ejectment each hide timing pitfalls that can turn a quick win into a months‑long slog.

• Assuming a uniform 30‑60‑day eviction timeline ignores state‑by‑state rules; some jurisdictions move in two weeks, others linger past 120 days. Check local statutes before setting expectations.
• Filing a writ of ejectment and expecting a 60‑90‑day turnaround often fails because the court must first issue a judgment, then schedule a post‑judgment levy - each step can add weeks, especially where dockets are backlogged.
• Relying on a single '30‑day continuance' traps owners; judges may grant 7‑14‑day or 60‑plus‑day extensions based on tenant defenses, paperwork errors, or settlement talks, stretching any process well beyond initial estimates.
• Ignoring appeal rights turns a short eviction into a prolonged saga; tenants can appeal the judgment, and while ejectment appeals sometimes mirror eviction timelines, they can also introduce separate filing deadlines that add months.
• Overlooking the execution phase - sheriff service, posting notices, and physically removing occupants - creates hidden delays; even after a judgment, the writ may sit idle for weeks while officers coordinate access.

Writ of ejectment pulls a heavier price tag because the process treats the occupant as a non‑tenant, demanding extra legal layers. First, the plaintiff must prove ownership, often via a title search and a property survey - services that start at a few hundred dollars. Second, each court filing carries higher fees than a standard eviction complaint, and the summons must reach a squatter who may hide, forcing hired process servers or even private investigators. Third, judges frequently schedule a bench trial or a default hearing, adding billable attorney hours that can double the expense of a simple lease‑violation case. As we covered above, those steps simply do not appear in a routine tenant eviction.

In many states, a straightforward eviction may settle for under $1,000 when the landlord files pro se and the tenant does not contest (see detailed cost guide for eviction). By contrast, even a minimal writ of ejectment often starts around $300‑$600 in filing and service costs, then climbs as title work, surveys, and multiple court appearances accrue. Delays are common; while some jurisdictions resolve an eviction in a month, ejectment cases can linger for two to three months or longer, extending attorney retainers. The cumulative effect - higher fees, extra professionals, and longer timelines - explains why ejectment routinely drains the wallet more than eviction.

The key to stopping an ejectment driven by disputed ownership lies in dissecting the claim and responding within the correct time frame.

First, the summons attached to the writ of ejectment spells out the exact deadline for filing an answer; that period varies by state, court, and service method, so assuming a uniform 20‑day window will likely backfire. Missed deadlines can forfeit the chance to raise defenses, forcing a default judgment.

Next, gather every deed, mortgage, tax record, and lien that traces the property's chain of title. A missing document may raise questions, but it does not automatically invalidate the claimant's title. The court weighs the entire record, not a single gap.

Identify any statutory or equitable defenses that could block the writ. Common options include lack of standing, laches, or adverse possession, yet each demands strict proof tailored to local law; they are not guaranteed shields.

File the answer promptly, enumerating the chosen defenses and attaching the title evidence. Courts often require the defenses to be pleaded with specificity, so vague assertions waste time and may be dismissed.

If the defense strategy looks weak, explore a settlement or a quiet‑title action to resolve the ownership dispute outside the ejectment docket.

• Check the summons: verify the answer deadline per state rules (e.g., 30 days in California, 20 days if served by mail in Texas).
• Compile title documents: include all recorded instruments, even those that appear irrelevant.
• Assess defenses: confirm that laches or adverse possession meet the jurisdiction's timing and use‑requirements.
• File a detailed answer: list each defense, cite supporting records, and meet the filing cut‑off.
• Consider alternatives: negotiate with the claimant or initiate a quiet‑title suit to settle ownership once the writ is stayed.

Acting on the precise deadline and presenting a well‑documented defense prevents the writ from marching ahead unchecked, setting the stage for the squatters scenario discussed later.

When a group of squatters moves into a vacant unit, the owner's only recourse is a writ of ejectment. Before any court filing, almost every state demands a written notice to quit, typically ranging from five to thirty days; outright waivers exist only in narrowly‑defined statutes (see state notice‑to‑quit requirements).

First, the owner delivers the notice, then waits the statutory period. After that deadline expires, a complaint initiates the ejectment action, a process that drags on weeks or months and racks up attorney fees far beyond a standard eviction. (Because paperwork loves marathon runs.)

Skipping the notice step invites immediate dismissal, leaving the squatters in place and forcing the owner back to square one. The next hurdle - handling family members who refuse to leave - plays out with similar procedural strictness.

Family members who stay after a deed transfers aren't automatically stripped of tenancy; many states treat them as lawful occupants with the same notice requirements as regular tenants. Before pulling a writ of ejectment, confirm whether a lease, month‑to‑month agreement, or probate ruling gives them a protected interest.

If a protected interest exists, serve the statutory notice period - typically 30 to 60 days - and file the dispute in probate or family court, not in the ordinary civil ejectment docket. Only after the notice expires without compliance does a writ of ejectment become a viable tool. (See Nolo's guide on family tenancy rights for state‑by‑state details.)