If the landlord or the landlord’s attorney tells the court that the tenant was properly given a Notice of Petition and other required papers, and the tenant does not go to court, the judge may decide the case without the tenant. This is called a default judgment.
If a default judgment is entered, the court may:
- Issue a Warrant of Eviction
- Decide that the tenant owes unpaid rent or other fees
After the Warrant of Eviction is given to the Sheriff:
- A Deputy Sheriff will post a 14-day notice at the home
- The notice will give a date by which the tenant must move out
If the tenant does not move out by that date:
- The Sheriff may return to carry out the eviction
- The tenant and their belongings may be removed from the property
- The belongings may be placed at the curb
If the tenant receives any of these papers or notices, they should appear in court as directed and contact a legal services provider as soon as possible to understand their options and next steps.
If the tenant missed the court date and the landlord got a default judgment in a nonpayment or holdover case, the tenant may be able to ask the court to reopen the case. The tenant can use a free DIY (Do-It-Yourself) Tenant Vacate Default Judgment Program program to complete an Order to Show Cause and an Affidavit in Support. These forms explain why the judgment should be vacated.