How to Stay a Sheriff Lockout During an Eviction Appeal in Illinois

Eviction is stressful, especially if you've received notice of a sheriff lockout. In Illinois, renters have important rights, including the possibility to delay ("stay") the lockout if they file an appeal. This guide explains how the appeal process can pause a sheriff's eviction and provides practical steps for renters to protect their housing during this crucial period.

What Is a Sheriff Lockout in Illinois?

A sheriff lockout occurs when the county sheriff enforces a court-ordered eviction by physically removing the tenant if they don't leave voluntarily. Landlords can't carry out lockouts themselves – only the sheriff can, and only after the court has entered an order of possession against the tenant.

Staying a Sheriff Lockout Through an Appeal

After an eviction judgment is entered against you, Illinois law lets you "appeal" the court's decision or ask for more time to move out. If you take these steps before the sheriff enforces the lockout, the eviction may be paused while your appeal is reviewed.

What Is a "Stay of Enforcement"?

A stay of enforcement is a court order that temporarily stops the sheriff from carrying out the eviction. This typically happens if you file a Notice of Appeal and sometimes post an appeal bond. The stay can provide crucial time to prepare your case or arrange for new housing.

Illinois Eviction Appeal Process Basics

If you disagree with the eviction order, you can appeal. Here's what you generally need to know:

• The Illinois Circuit Courts handle most residential eviction cases.
• Your appeal starts by filing a Notice of Appeal with the court that issued the eviction order.
• A "stay" is not always automatic – you may need to specifically request it to pause the lockout schedule.

Understanding this process helps you act quickly and legally protect yourself from immediate eviction.

Required Forms and Practical Steps for Renters

To stay the sheriff lockout while you appeal, you'll need to file several forms with the court. Here are the most common, official forms with explanations:

• Notice of Appeal (Form: Appellate Standardized Form)
  When & How Used: File this form within 30 days after the final judgment (the eviction order). It tells the court and landlord you are appealing.
  Download the Notice of Appeal from the Illinois Courts website.
  Example: You received an eviction judgment on June 10. File the Notice of Appeal by July 10 at the courthouse where your case was heard.
• Motion to Stay Enforcement of Judgment
  When & How Used: Often, appeals don’t automatically pause the eviction. You must file this motion asking the judge to put the lockout on hold—especially if the landlord is moving quickly.
  Find Illinois Eviction Forms (use a general motion form if a specific "stay" form isn’t provided).
  Example: Submit the motion with your Notice of Appeal, explaining any emergency circumstances (like health or safety risks).
• Appeal Bond Form (if required by court)
  When & How Used: Some judges require tenants to post a bond (a monetary deposit) as a guarantee during the appeal. The amount and details are set by the court.
  View Illinois statutes on stay and appeal bonds.
  Example: If the judge grants a stay conditioned on a bond, you must pay the amount by the deadline or the sheriff lockout may proceed.

Steps to File for a Stay of Sheriff Lockout

Here is what Illinois renters should do when appealing an eviction to stay the lockout:

• Act quickly—file your Notice of Appeal and Motion to Stay as soon as you get the eviction order.
• Submit forms at the same courthouse where your case was heard. Keep extra copies for yourself.
• If required, pay any appeal bond set by the court.
• Tell the sheriff’s office you have filed for a stay; provide proof if you receive a lockout schedule.
• Check court records or consult with legal aid to confirm if the stay was granted before the lockout date.

What Laws Protect Illinois Renters?

The rights described here are protected by the Illinois Code of Civil Procedure Article IX (735 ILCS 5/9-101 et seq.), especially sections about enforcement, appeals, and stays. This law regulates eviction and sets out your rights at every stage.

Tribunal and Official Resources

Eviction appeals are handled by the Illinois Circuit Courts. Visit your local courthouse or the court clerk’s office for forms and assistance.

1. Can I delay my eviction in Illinois by filing an appeal?
   Yes, if you file a timely Notice of Appeal and the court grants a stay, the sheriff lockout may be delayed until your appeal is decided.
2. Is a stay of enforcement automatic when I appeal?
   No, in most cases you must ask the court for a stay by filing the appropriate motion. You'll need to present your request to the judge before the lockout date.
3. What is an appeal bond and do I have to pay it?
   An appeal bond is sometimes required by the court as a condition to pause the eviction. The judge decides the amount and whether it's needed.
4. How do I inform the sheriff about my appeal or stay?
   Contact the sheriff’s civil process division and provide legal proof (a stamped copy of your filed stay or appeal motion) so they know not to proceed until court instructions.
5. Where do I get help completing court forms in Illinois?
   Free help is available at your courthouse’s self-help center, or through resources like Illinois Legal Aid (Illinois Legal Aid Online), which provides guides and checklists.

Conclusion & Key Takeaways

• Asking the court to "stay" a sheriff lockout is possible after an eviction order but requires prompt renter action.
• Filing the Notice of Appeal and a Motion to Stay can legally pause your removal.
• Gather all forms from official court sources, and seek advice or help if you are not sure about the process.

Acting quickly and following all legal steps increases your chances of staying in your home while your eviction appeal is considered by the court.

Need Help? Resources for Renters

• Illinois Circuit Courts – Find your local courthouse and access official eviction resources.
• Illinois Legal Aid Online – Free legal information and guide to court forms.
• Illinois Department of Human Rights – Support for housing discrimination and related housing protections.
• For urgent help, ask the clerk at your local courthouse about legal aid or self-help desks.

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1. Illinois Code of Civil Procedure, Article IX (Evictions)
2. Illinois Court Forms: Appeals
3. Illinois Circuit Courts Official Portal

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