Short answer. Three working days. On a judgment for the delivery or restitution of real property, the officer demands that you and all persons claiming rights under you peaceably vacate within three working days. If you do not, he may oust you, with peace officers if necessary, and place the winning party in possession.

What the law says

to peaceably vacate the property within three working days, and restore possession thereof to the judgment obligee

Rule 39, Section 10 — Execution of judgments for specific act. Read the full provision →

What the law says

the officer shall not destroy, demolish or remove said improvements except upon special order of the court

Rule 39, Section 10 — Execution of judgments for specific act. Read the full provision →

Three working days, counted from the demand

Where the judgment is for the delivery or restitution of real property, Section 10 directs the officer to make a demand before doing anything else. The demand is that the losing party peaceably vacate the property within three working days and restore possession to the judgment obligee. Note that the Rules say working days, not calendar days. Note too that the period runs from the officer's demand, which is a specific event with a date, rather than from the date of the judgment or of the writ. Those are the two details most often misremembered by someone trying to work out how long is actually left.

It binds everyone claiming under you

The demand is not addressed only to the named losing party. It is made of that person and all persons claiming rights under him. That reaches household members, and it reaches occupants whose right to be there is derived from the losing party, such as someone allowed to stay by tolerance. A person whose claim to possession is genuinely independent of the losing party stands differently, and the Rules provide a separate route for a third party who claims the property in his own right. Anyone in that position should raise it promptly rather than assume the writ will pass them by.

What happens if the three days pass

If the property is not vacated, the officer is directed to oust all such persons, with the assistance of appropriate peace officers if necessary, employing such means as may be reasonably necessary to retake possession, and to place the judgment obligee in possession. So the consequence of letting the period lapse is not a further demand or a fresh notice under this provision. Separately, any costs, damages, rents or profits awarded by the same judgment are satisfied in the same manner as a judgment for money, which means levy or garnishment rather than the ouster procedure.

Your house and improvements need a separate order

One protection sits inside the same section. Where the property contains improvements constructed or planted by the losing party or his agent, the officer may not destroy, demolish or remove them except upon special order of the court. That order is issued on motion of the judgment obligee, after due hearing, and only after the losing party has failed to remove the improvements within a reasonable time fixed by the court. So the obligation to vacate within three working days and the authority to demolish are two different things, arising at different stages and on different requirements.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.