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What happens if the landlord wins?

The judge or jury may decide the landlord has the right to evict the tenant. If so, the judge will give the landlord a Judgment of Possession. The judge or jury may also order the tenant to pay back rent, damages and costs, like filing fees and attorney fees (if it is in the rental agreement). The landlord may also be able to get money for the rent that s/he could have gotten for the apartment while the tenant was there illegally. If the court finds the tenant only stayed in the unit to be mean, spiteful, or to make the landlord suffer, the court may order the tenant to pay a penalty of up to $600.

1. The court will give the landlord a Judgment of Possession (form UD-110). This gives the landlord possession of the property.
2. Then, the landlord must fill out and file a Writ of Execution (form EJ-130) with the clerk and take the Writ to the Sheriff. This lets the Sheriff remove and lock the tenant out of the property.
3. The Sheriff will serve the tenant with a Notice to Vacate the property. This gives the tenant 5 days to move. If the tenant doesn't move, the Sheriff will remove the tenant from the rental unit and lock him/her out.

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Last modified: 03/17/2008

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