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FAQ - Evictions

After a Judgment

If a landlord receives a judgment, they may apply for a Writ of Restitution to remove the tenants and occupants. Writs of Restitution are served by Constables or Sheriff who will direct the residents to leave.  A tenant may avoid the difficulties associated with a Writ of Restitution by vacating the property and returning the keys to the landlord.  This ends the possession of the residence for the tenant.  A tenant will have five (5) days to vacate the premises unless the court has found a material and irreparable breach of the lease by the tenant, in which case the tenant has only twelve (12) to twenty-four (24) hours to vacate.  A judgment will probably appear on the credit report of a tenant for several years.  Parties wishing to appeal from a judgment have five (5) days to do so after the judgment is entered.  Forms and information can be obtained from the case filing counter at the court.  If a tenant wants to remain in the rental home during the appeal, the tenant must also pay an appropriate bond and continue to pay rent to the court as it becomes due.  If the tenant prevails, the court will dismiss the case.  Absent an appeal, the tenant will need to obtain the approval of the landlord to enter into a new lease and continue living in the residence.  Examples of common material and irreparable breaches of a lease are threats of violence, arrests for criminal activity, or destruction of the rental property.


Legal Info Sheet - After an Eviction Judgment