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If you're not on the lease or rental agreement

The landlord can include you in an eviction case even if your name is not on the lease or rental agreement. If this happens, you have some options.

 

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If the landlord knows your name

If the landlord knows your name, they can:

If your name is on the court papers, you’ll follow the same steps as someone who is on the lease.

Learn more about the eviction process for tenants

    If the landlord doesn't know your name

    If your name isn't on the court papers, you might still be able to take part in the case. Which court form you use depends on when you get the papers.

    You might get:

    If you get these forms, this means the landlord doesn’t know your name, but they know you live in the home.

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    What if you don't get a Prejudgment Claim?
    If you don't get a Prejudgment Claim but other people in your house have received eviction-related court papers, you might still be able to take part in the case if you want. You can fill out and file a Prejudgment Claim on your own. This tells the court you want to take part in the eviction case.

    Things to think about before you fill out the Prejudgment Claim

    You can only file this form if:

    • You moved in before the landlord started the case
    • You still live in the home

    If you file the form:

    • You become part of the court case
    • If you want to fight the eviction, you must file an Answer form within 5 court days of filing the Prejudgment Claim
    • If you lose, the eviction will show up on your credit record

    If you don’t file the form:

    • If you move out, the eviction won’t go on your record

    • If you stay and don’t file, the sheriff can evict you without more notice or a court date

    📅 Deadline to file

    • You have 10 days from the Date of Service listed on the Prejudgment Claim to fill it out and file it with the court

    • You must pay a filing fee or ask for a fee waiver

    • After you file the Prejudgment Claim, you have 5 court days to file an Answer

    If you're being evicted because your landlord lost their home in a foreclosure, the 10-day deadline to file papers doesn't apply to you. You can file a Prejudgment Claim at any time before there's a Judgment in the case.

    If the landlord won the case and the sheriff puts a Writ of Execution for Possession of Real Property (form EJ-130) ("Writ") on the door, and your name is not on it, you might still be able to stop the eviction.

    You can file a Claim of Right to Possession (form CP10) if:

    If your landlord lost the home in a foreclosure:

    • You can file a Claim of Right to Possession at any time—even if the sheriff is already at your door

    • You can still file the form even if you got a Prejudgment Claim before

    Things to think about before you file a Claim of Right to Possession

    If you file the form:

    • The judge may let you join the case

    • You can turn in an Answer (form UD-105) and tell the judge why you shouldn’t be evicted

    • If you lose in court, the eviction will go on your credit record

    If you don’t file the form:

    • If you move out, the eviction won’t go on your credit record

    • If you stay and don’t file, the sheriff can evict you without any more papers or a court hearing

    Steps to file

    1. Fill out the Claim of Right to Possession

    2. Make a copy

    3. Give the original to the sheriff

    4. Within 2 court days, take the copy to the court

    5. Pay the court fee or ask for a fee waiver

    The court will give you a court date. The judge will decide if you can be part of the case.

    ⚠️ Important: If you ask to be added to the eviction case and lose, the eviction can stay in the court record for up to 7 years. It can also hurt your credit rating. If you don’t ask to be added to the case, your name won’t be on the eviction record—but the sheriff can still evict you.

    Key takeaways

    • A landlord can evict you even if you’re not on the lease.

    • You may be able to join the court case to fight the eviction.

    • If you don’t join the case and move out, the eviction won’t show up on your credit record.

    • If you stay without joining, the sheriff can evict you without any more notices.

    • Different rules apply if the home was lost in a foreclosure.

    • You need to act fast—some deadlines are as short as 2 or 5 court days.

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