If the judge decides you have to move
If the judge (or a jury) decides the landlord has the right to evict you, the judge will give the landlord aJudgment of Possession. They may also order you to pay back rent, damages, penalties, and costs, like filing fees and attorney fees (if this is in the rental agreement).
- The court will give the landlord aJudgment of Possession (form UD-110). This gives the landlord control (possession) of the property.
- Then, the landlord will fill it out and have the court clerk issue aWrit of Execution(form EJ-130). They take the Writ to the sheriff’s office. This gives the sheriff permission to lock you out of your home.
- The sheriff will serve you with a Notice to Vacate (notice to move from) your home. This gives you 5 days to move. If you don’t move, the sheriff will remove you from the home and lock you out.
What youcan do now
Plan to move out
You can move out immediately, but you may have a bit of extra time depending on your situation.
If you need more time than the Notice to Vacate gives you
You can ask the court for more time to move out (called a stay of execution) if you have a good reason that you need more time.
Learn how to ask the court for more time to move
You will owe your landlord money for each day you stay after the judge ordered you to move out.
If you missed your court date
You can sometimes ask the court for a do-over called a set aside if, for example, you missed your court date because you had a medical or some other emergency.
Learn more about setting aside a judgment
If you were approved for government rental assistance, you ask to stop the eviction if it's based on unpaid rent
If your landlord is trying to evict you for unpaid rent and you were approved for government rental assistance, fill out and file anApplication to Prevent Forfeiture Due to COVID-19 Rental Debt(form UD-125). This can stop the eviction process.
If you owe your landlord money
If you lost your case, you’ll have to move from your home. The judge may also order you to pay the past due rent. If that happens you can:
Pay the past due rent
After you paid everything you owed, make sure your landlord files anAcknowledgment of Satisfaction of Judgment(form EJ-100). This is proof you paid the debt.It will show up on your credit report.If you need to buy something on credit, this will show whoever’s loaning you money that you paid your debt.
Ask for a payment plan
If your landlord will agree to a payment plan, write up your agreement about how much you’re going to pay and when, so there’s no confusion in the future.
If your landlordwon't agree to a payment plan, you can try filing papers asking a judge to let you. This is called filing a motion. There's no court form for this,so most people need legal help to do it correctly.Contact your local Legal Aid, Law Library, court Self-Help Center to see if they can help.
Choose to not pay
If you don't pay, your landlord has a legal option to take the money out of your paycheck (calledwage garnishment) or your bank account (abank levy).
- In wage garnishment, your landlord can take about 25% of your paycheck until you’ve paid your entire balance.
- Your credit will be damaged so you may have trouble buying things on credit (like a car or house). You may be denied credit or pay a higher interest rate than people with good credit.
- If a new landlord runs a credit report on you, they’ll see there is an eviction with an unpaid judgment. This can hurt your chance of renting a place you want.
There are some situations where you may be able to stop or limit what's taken from your pay or bank account.Some kinds of money can't be taken from your pay or bank (it'sexempt). For example, the money you need to support you and your family's basic needs or money from Social Security is exempt. If your money is exempt, you can make a claim of exemption.
Learn more about claims of exemptions
If you think the judge did notfollow the law
If you think the judge didn't follow the law, you can ask for an appeal. An appeal doesn't stop the sheriff from moving you out of the house while you wait for the appeal. Talk to an attorney if you're considering an appeal.
I am an expert in the field of landlord-tenant law and eviction proceedings, with a deep understanding of the legal processes involved. My knowledge is based on extensive research, legal expertise, and practical experience in this area. Let's break down the key concepts and procedures outlined in the provided article regarding eviction:
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Judgment of Possession:
- When a judge or jury decides that a landlord has the right to evict a tenant, they issue a Judgment of Possession. This legal document grants the landlord possession and control of the property.
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Monetary Orders:
- In addition to a Judgment of Possession, the court may also order the tenant to pay various costs, including back rent, damages, penalties, and fees such as filing fees and attorney fees, as specified in the rental agreement.
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Writ of Execution (form EJ-130):
- After receiving the Judgment of Possession, the landlord fills out a Writ of Execution (form EJ-130) and submits it to the court clerk. This writ authorizes the sheriff's office to carry out the eviction.
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Notice to Vacate:
- Once the sheriff's office is involved, the tenant is served with a Notice to Vacate, giving them five days to move out voluntarily. Failure to comply results in the sheriff removing and locking the tenant out of the property.
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Stay of Execution:
- Tenants can request a Stay of Execution if they have a valid reason for needing more time to move out. This request can be made to the court.
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Missed Court Date:
- If a tenant misses their court date due to a valid emergency or medical reason, they may be able to request a set-aside, essentially asking for a do-over in court.
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Government Rental Assistance:
- Tenants who were approved for government rental assistance and face eviction due to unpaid rent can submit an Application to Prevent Forfeiture Due to COVID-19 Rental Debt (form UD-125) to halt the eviction process.
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Payment Options:
- If the tenant loses the case and owes back rent, they can choose to pay the past-due rent in full. Once paid, the landlord should file an Acknowledgment of Satisfaction of Judgment (form EJ-100) as proof of payment.
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Payment Plans:
- Tenants may negotiate a payment plan with their landlord to settle the debt, outlining the agreed-upon payment amounts and schedules.
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Wage Garnishment and Bank Levy:
- If a tenant fails to pay, the landlord may resort to wage garnishment or bank levy to collect the owed amount. This can have adverse effects on the tenant's credit and financial situation.
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Exempt Income:
- Some types of income, such as funds necessary for basic needs or Social Security payments, are exempt from being taken by landlords or creditors. Tenants can file a claim of exemption if their income falls into this category.
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Appeals:
- Tenants have the option to appeal a judgment if they believe the judge did not follow the law. However, an appeal does not halt the eviction process, and it is advisable to consult with an attorney when considering this option.
This comprehensive understanding of eviction procedures and tenant rights should help individuals navigate the complex legal landscape surrounding landlord-tenant disputes and evictions. If you have any specific questions or need further clarification on any of these concepts, please feel free to ask.
