TENANT FILES MOTION TO VACATE JUDGMENT

When the landlord is granted possession and/or a money judgment in the Eviction court, the defendant has a certain amount of time to vacate the judgment. All 50 states have this grace period and it can be 3 days up to 30 days so be sure to check your state statute.
Right away the landlord panics and thinks the worse! They will live in there forever! The bottom line it is usually a tactic from the evicted tenant to stall for more time

The landlord will receive a notice through the mail stating that the defendant has filed a motion to vacate the judgment. The courts will have scheduled a motion hearing with date and time. This automatically stops the sheriff from removing the defendant.
At the motion hearing, the Judge will review any new evidence to reverse the decision. If the landlord followed the procedures correctly, the Judge will deny the motion.

Have the extra rent amount calculated from the time of the first possession date to the date of the motion. Ask the Judge to grant the extra amount of rent that has accrued to the original judgment.

SUBSCRIBE TO MRSLANDLADY’S BLOGS