What is an Order of Possession?

 Posted on October 25, 2022 in Residential Landlord Evictions

An order of possession is a court order by an eviction court giving the tenant a certain period of time to remain at the property address. An order of possession grants the tenant a temporary period to move (and the landlord cannot forcibly evict during this “stay” period). After this stay-period, the property owner has authority to place the eviction court order with the local Sheriff’s Office. The order of possession enables a property owner or its’ agent the power to place an eviction order with the local sheriff to forcibly evict a tenant. The stay order grants a tenant permission to stay for a temporary period of time.  The court order will have the “stay-period” expire after a grace period specified in the court order.

An order of possession authorizes the Sheriff to forcibly evict a tenant. The entry of an order of possession court order is one of the final steps in returning the property back to the rightful owner. 

How Does a Landlord Get an Order of Possession?

An order of possession is granted by the Judge supervising the eviction case. The property owner or its’ attorney must bring an eviction case at the local courthouse where the rental property is located. A proper eviction must be commenced in the county where the property is located. The local Sheriff’s Office will not be able to execute the order of possession if the eviction case is in a different county than the proper county.

Why Does a Judge “Stay” the Order of Possession?

The Judge stays the order of possession, so a tenant(s) does not become homeless. After covid, a Judge will normally stay an eviction up to 14 days or longer depending on the facts and circumstances of the case. At the first court date (or subsequent court date), an eviction attorney may grant a tenant a longer period than 14 days to move. A longer “stay of execution” is beneficial to the property owner and tenant. 

A longer stay of execution is beneficial because it reduces the likelihood of non-compliance. Unfortunately, desperate tenants will act in their best interests and against the best interests of a property owner. The key question is what benefits the property owner the most. A smooth and timely eviction without the involvement of the local sheriff’s office is beneficial because it reduces a landlord’s costs and headaches. Processing an eviction with the local sheriff’s office costs around $350 in court costs payable to the Sheriff’s Office. There is also the element of time for the return of possession of the property. Processed evictions take a minimum of 30-days depending on the time of year. The period for an eviction depends on the number of evictions and staffing issues with the local sheriff’s office.

How Long is an Order of Possession Valid?

An order of possession court order expires after 120 days after judgment. A judgment is a court order which finds that a Defendant(s) owes a specified amount of money (to the Plaintiff) or grants a property owner the ability to take back residential real estate after a “stay period” (which is normally 14 to 30 days). Illinois law states that an eviction order is eligible for a forcible eviction for a period of up to 120 days. See 735 ILCS 5/9-117.

How Does a Landlord Seek an Extension of the Order of Possession Court Order?

A property owner may seek to extend the eviction court order. The Plaintiff (or its’ attorney) must prepare a Petition for Extension of Court Order. A Petition for Extension of Court Order summarizes the pertinent facts of the case and ask the court that the court order be extended (or refreshed). The court will grant the motion for extension of the eviction court order unless the Defendant shows proof that a new agreement has commenced regarding the tenant and proprietor relationship.

Property owners must be careful about a tenant re-establishing the property owner and tenant relationship. If a property owner makes a new agreement with the tenant, the new eviction agreement may create the need for a property owner to commence a new eviction. A court order shall spell out any rights to payments and/or possession of the premises that the property owner has granted the tenant(s).

Does a Judgement Ever Go Away in Illinois?

Judgements are active for a period of 7 years. After 7 years, the judgment will become inactive. Inactive means that the judgment will not show up on a tenant’s credit history unless the property owner (or its’ attorney) re-activates the judgment. A judgment may be enforced for a period up to 27 years. A judgment can have serious negative consequences on a tenant’s credit history.

Naperville and Yorkville Eviction Attorney Serving Landlords in the Suburbs of Chicago

At Landlord Evictions, LLC, our attorneys, and staff specialize in evictions for property owners. Our law firm has the best interests of property owners. We do not accept tenant eviction cases. Our staff is well-versed and responsive to property owners. We understand how the property owners think and their concerns. We are eager to assist you (or another person or entity) with enforcing your rights as a property owner. We concrete on residential evictions in the following counties:

• DuPage County

• Kendall County

• Will County

• Grundy County

• LaSalle County

• DeKalb County

• Kane County

Unfortunately, we do not currently serve property owners in Chicago and Cook County. Check back later to see whether our policy has changed.