Understanding Eviction Trial: What Happens After the Final Court Order
Renters should make sure to get a copy of the final order that is stamped by the clerk. It is very important that both parties follow the order of the court. Failure to follow the order of the court could lead to additional court actions. If the case was not settled by agreement, the losing party may consider filing a “Motion to Reconsider” or an appeal within 30 days of the final judgment.
- For a list of common eviction orders, click here.
- If the tenant lost a trial or the landlord got an eviction after after the tenant failed to comply with the settlement agreement, then the Sheriff may come out to enforce the eviction order. For info about the enforcement, click here.
Motion to Extend the Stay Period
Renters with an Order of Possession should make arrangements to move before the sheriff comes out to remove the renter. Renters who move on their own have more control over packing and storing important belongings before they are locked out by the sheriff.
Renters may request more time to move by filing a “Motion to Extend the Stay Period” with the court. This motion should state the reason why renters cannot move in time. It must be properly served on the landlord, and must also be left with the Sheriff’s office on the 7th floor of the Daley Center, so that the Sheriff will know to wait until the court rules on the motion. The motion should be filed within 30 days of judgment. Visit one of the help desks in the Daley Center for assistance with this.
Motion to Vacate Default Judgment
If a renter missed a court date and a default judgment was entered, a renter can petition the court to vacate the judgment by filing a Motion to Vacate Default Judgment. The tenant should explain why they missed your original court date.
The motion should be filed within 30 days of judgment
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.