After the eviction trial decision

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.

If the judge decides your tenant has to move (and owes you money) 

If 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).

Fill out these forms

  1. Fill out the Judgment - Unlawful Detainer (form UD-110). This gives you the right to get your home back and to collect money if the judge says your tenant owes you. It should say exactly what the judge ordered at your trial. 
    • The judge will sign it
    • File it with the clerk
    • Make sure to get a copy for your records and make a copy for your tenant if they weren’t at the court date
  2. Fill out a Writ of Execution (form EJ-130). This gives the sheriff permission to lock the tenant out of your home. If the tenant owes you money it gives the sheriff authority to collect money your tenant owes you from places they have money, such as their paycheck or bank.
    • Be sure to complete Item 25 on Page 2. This is the part that says you have a judgment from the court that says you have the right to get your home back. 
    • Take it to the clerk's office to have the clerk issue (stamp) the Writ of Execution 
    • Take the Writ to the sheriff’s office, but contact the sheriff before going to their office to see what instructions they need from you

The sheriff will give the tenant 5 days to move

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.

If 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.

If your tenant was not at the trial

You must serve them with the filed copy of the Judgment so they know what the judge ordered them to do.

If the judge decides your tenant gets to stay in the home

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.

If you lost because the judge said there was something wrong with your paperwork, 

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. 
 
An 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.