(2) for damages, if any, for the unjust detention of the
demised premises; and
(3) for the amount of rent, if any, which remains due and
unpaid.
(b) [At the request of the landlord, the justice of the
peace shall, after the fifth day after the rendition of the
judgment,] The landlord may request the issuance of an order for
possession immediately after the rendition of the judgment. The
magisterial district judge shall immediately thereafter issue [a
writ of] an order for possession directed to the writ server,
constable or sheriff commanding him to deliver forthwith actual
possession of the real property to the landlord and to levy the
costs and amount of judgment for damages and rent, if any, on
the tenant, in the same manner as judgments and costs are levied
and collected on [writs of execution] orders for possession.
This writ is to be served [within] no later than forty-eight
hours after the request was filed by the landlord and executed
on the [eleventh] twelfth day following service upon the tenant
of the leased premises. Service of the [writ of] order for
possession shall be served personally on the tenant by personal
service or by posting the writ conspicuously on the leased
premises.
(c) At any time before [any writ of possession is actually
executed,] delivery of actual possession following the rendition
of the judgment, the tenant may, in any case for the recovery of
possession solely because of failure to pay rent due, supersede
and render the writ of no effect by paying to the writ server,
constable or sheriff the rent actually in arrears and the costs.
Section 2. This act shall take effect in 60 days.
20170HB1875PN2628 - 2 -
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