Understanding Eviction Trial: Common Eviction Orders
There are different types of eviction orders.
Types of Orders to Avoid
| Order for Possession (Eviction Order) | An Order for Possession (eviction order) is a judgment against the renter. The Sheriff can now move the renter out of the unit. Judges may give renters a little bit of extra time to move out - this is a "stay" (waiting period). The landlord may not remove the renter; only the sheriff can remove the renter from the property. If the renter is still residing in the unit after the stay period, the landlord can give the eviction order to the sheriff to have the renter removed. Renters with special needs may wish to contact the Sheriff’s office and ask to speak to the Sheriff’s social workers about the Order for Possession. Note: Paying back rent owed, if any, before the stay expires does not allow a renter to stay in the rental unit and does not stop the eviction. The only guaranteed way to stop the eviction is with a written and signed agreement approved by the court. |
| Agreed Order for Possession | The same as an Order for Possession (eviction order) with the exception that the renter agreed to it. This is still a judgment against the renter, even if the renter agrees to it (and the court record will show the renter lost the eviction case)! |
Types of Orders that are Preferred
| Agreed Move-out and Compliance Status | Both the renter and landlord agree on a move-out date with a follow-up court date. If the renter moves out on time, the case will be dismissed without any eviction judgment. If the renter does not move out, the court will enter an Order for Possession. Renters should only commit to a realistic and reasonable move-out date. Note: If a renter must move, this is the best kind of order to get to avoid an Order for Possession (eviction order) on their record. |
| Dismissal with Leave to Reinstate | This part of an agreed order protects both parties. It allows for the case to be dismissed but gives the parties the option to “reinstate” (bring the case back to court) if the renter or landlord does not keep their promises. Renters should be careful not to waive or give up any rights to present defenses in court should the case get reinstated. |
| Pay-and-Stay Agreement | The renter can stay in the rental unit as long as the rent owed is paid, following a payment plan (usually over several weeks or months). Renters should negotiate a realistic payment plan. If they do not pay on time, the landlord can return to court and get an eviction order. |
The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.