If you win, you get possession, which means you can stay in your apartment.
If you lose your case, you will have to move out in as few as five days. Your landlord will get permission from the court to hire a marshal. A marshal must tell you at least 24 hours before he or she comes to remove you and your things from the apartment.
If you don’t move out before the marshal comes, the marshal will take your belongings from the apartment (even if you are not there), and the landlord can lock you out.
Warning! You can be evicted even if you have small children, a subsidy, or it is the middle of the winter. Pack your things as fast as you can before the marshal comes back. Start with your medications and important legal documents, like birth certificates and ID cards.
What if I get evicted and lose my belongings?
- Call 2-1-1. Ask about programs that can help you find a place to live.
- You can get your belongings back from your town if you ask for them within 15 days. They will charge you moving and storing costs, but you can ask them to reduce or eliminate these costs. After 15 days, the town will sell your things at a public auction. You can try to buy them back at auction if you want to. This may cost less than paying for moving and storage.
- If you get welfare, contact your DSS worker right away. DSS sometimes helps with housing and moving costs, or they may pay for the security deposit for your next apartment.
Can I ask for more time to move?
You will automatically get 5 extra days to move out if you are evicted because
- you broke the law or the rules in your lease, or
- your landlord did not agree that you could live there.
Note: You must file something with the court within five days of the judgment if you want
- more time to move,
- to appeal the judgment, or
- the judge to reopen the case.
You can ask your landlord for more time, but he or she does not have to give it to you.
You can get 3 extra months to move out if you are evicted because you did not pay the rent, but you must fill out a Stay of Execution (#JD-HM-21) form and pay the court all of the rent you owe within 5 days of the judgment. You must be prepared to pay for each month that you stay.
If you are evicted for a reason not listed above, you may ask the court if you can stay up to 6 months by filling out a Stay of Execution Application. The court does not have to let you stay at your apartment, so think about your other options in case the court says no.