Special Announcement

Posted Friday, October 2, 2020

Tenants: After the Judgment (Step 6 of 6)

”One Two - Served With Complaint Three - Decide to Respond Four - File Response Five - Trial Six - After Judgment

Once the judge makes a decision at the trial, there is a court judgment. Either side can appeal if they are not happy with any part of the judge's order. Or they can file a motion to set aside (cancel) the judge's order. There are strict deadlines to do this, and the side appealing needs a legally valid reason to do it. If you are thinking of appealing, talk to a lawyer. If you are thinking of filing a motion to set aside the judge's order, ask to see if your local legal aid office can help. If not, your court's self-help center may be able to help or guide you. If they do not help with evictions, talk to a lawyer.

If you appeal or try to cancel the judge’s order, the eviction is NOT stopped. The only way for you to stop or delay the eviction is to ask for a stay of execution.

Even if you do not appeal, you may want more time to move out.  If the landlord will not agree to it, you will also have to file a Request for a Stay of Eviction ("Stay").

Stays of Execution

You have to file the stay as soon as you get a notice from the sheriff giving you 5 days to leave the unit.

A stay will delay the eviction. If the judge lets you remain in the rental unit longer, you will have to pay the rent for that period of time. The amount of time you can stay will depend on the county and the case.

You need a good reason to ask for more time. And there are no court forms to ask for a stay, so talk to a lawyer for help. Find a legal aid office near you or more help finding a lawyer.

Remember, you must act very quickly or you will not be able to delay the eviction.

For Tenants: The Eviction Process