If a judge or jury decides you won your trial, your next step is to fill out some court forms to start the process of getting the tenant to move out and collecting money if the tenant owes you any.
If the judge or jury decides you lost your trial, your tenant is allowed to stay in the home and you may have to make repairs and possibly pay for some of their lawsuit costs.
PRINT EMAILIf the judge (or a jury) decides you have the right to evict your tenant, the judge will sign a Judgment of Possession. They may also order your tenant to pay back rent, damages, penalties, and costs, like filing fees and attorney fees (if this is in the rental agreement).
The sheriff will serve the tenant with a Notice to Vacate (move out) from your home. This gives your tenant 5 days to move out.
If they don’t move, the sheriff will remove them from the home and lock them out.
Your tenant may have options for slowing down or stopping the eviction. Learn moreIf your tenant needs more time before moving out, they can file a motion for a stay of execution to ask the judge for some extra time before having to move out.
If they missed the court date because of an emergency or feel they made a mistake, they can file a motion to set aside. This is asking the judge for a “do over” because of “mistake, inadvertence, or excusable neglect.”
If they think the judge didn't follow the law, they can file an appeal. This is a request for a higher court to review the judge’s decision.
You must serve them with the filed copy of the Judgment so they know what the judge ordered them to do.
Your tenant will be able to stay, but will still have to follow the rental agreement. The judge may also order that you have to pay your tenant’s costs, like filing fees and attorney fees (if this is in the agreement). The judge may also decide that you have to make repairs to the home.
talk to a lawyer if you need help understanding how to fix what went wrong or to find out if you have other options. You may be able to fix things and refile if you want to.
If you think the judge didn't follow the law when they decided your case, you can appeal. Learn moreAn appeal is a request for a higher court to review the judge’s decision because you think the judge didn’t follow the law. See more information on Civil Appeals.