If I was already granted an order of posession after a tenant was not present in court, can the tenant file a motion to appear?

UPDATED: Oct 21, 2011

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If I was already granted an order of posession after a tenant was not present in court, can the tenant file a motion to appear?

She claims she was at cour, but I wasn’t and the judge dismissed her case. I was there but I had to go down to the clerk to have my file sent up. After my file was sent up the judge heard my case and granted the order of possession. The sherriff’s office will take at least 4 weeks to carry out this order of posession. She has filed a motion for me to appearbut I thought after the judge gave me possession the case was over.

Asked on October 21, 2011 under Real Estate Law, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your tenant or soon to be former tenant has filed a motion as to you to appear, you need to appear at the date, time and place of the hearing to protect and safeguard your interests. You have an order of possession in hand and the last thing that you need at this point is some subsequent order from the court changing the matters for you.

Most likely the motion filed by the tenant is some request to change the order of possession or to give her more time to vacate the unit.

At this stage of the eviction proceeding, it may be a good time for you to consult with a landlord tenant attorney to make sure that you have everything in order for the eventual repossession of your unit.

Good luck.


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