Your landlord has
taken you to court and the judge has ordered you to move out, what do
you do now? Here are some facts you should know and some things that
you can do to help you through this very hard time.
YOU REALLY CAN BE EVICTED
Some
people just do not believe that they really can be evicted. They think
that if they are pregnant, or if it is winter, or if there are children
in the family that they cannot be evicted. This is not true. If the
judge says that you have to move, you have to move or you will be put
out. This is true even if you do not have any place to go.
WHAT HAPPENS IF YOU DO NOT MOVE OUT ON YOUR OWN
If
you do not move out by the time the judge has set for you, your
landlord can get a writ of restitution from the judge. This is a court
order from the judge to a law enforcement officer (like a sheriff or
bailiff) to put you out. Sometimes this officer will let you know a day
or two before he comes to put you out, but he does not have to do this.
When the officer comes to evict you, he will put you and your things
out in the street. Do not hassle him. It is against the law to fight
with or threaten the officer and it may be dangerous. Remember, he is
just doing his job and his job is to put you out.
ONLY THE OFFICER CAN EVICT YOU
Your
landlord cannot legally evict you by himself. The officer has to be
there with the writ of restitution signed by the judge. The officer may
not be in uniform, but you can ask him to show his identification. If
your landlord or anyone else tries to put you out without the officer
and the writ being there, call the police and talk to a lawyer.
PLAN AHEAD
Find
a place to move to. You do not want to be put out in the street. So, as
soon as the judge orders you to move, start looking for a place to
stay. This is the most important thing you can do to get yourself ready
for eviction. Ask friends and relatives for help. If you are on aid,
call your caseworker. There are a number of ways that he or she might
be able to help you. You may be able to get the Family Independence
Agency to help you pay moving expenses or the security deposit for a
new place. They may also help you find a new home or get you into a
temporary place while you are looking. Sometimes other groups like the
housing resource center, Red Cross, or Salvation Army know of places
where you can stay in an emergency.
FIND SOMEPLACE TO STORE YOUR BELONGINGS
You
do not want your things to be set out in the street where they can be
damaged or stolen. If you absolutely cannot find anywhere else to keep
your things you might want to use a storage company. These companies
are listed in the yellow pages. But, watch out, be careful! Make sure
that you know just how much storage will cost you. Ask about all the
charges. Some places charge you extra for things like letting you move
your things into and out of their building. Also make sure that you
will have enough money to get your things back when the time comes. If
you do not pay your bill, you will not get your things back and the
storage company might sell them to someone else.
Information, Not Legal Advice.
We are providing this information as a public service. We try to make
it accurate as of the date noted in the materials. Sometimes the laws
change. We cannot promise that this information is always up-to-date
and correct.
We do not intend this information to be
legal advice. By providing this information, we are not acting as your
lawyer. If you need legal advice, you should contact a lawyer through
your local legal aid organization. Always talk to a competent lawyer,
if you can, before taking legal action.
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