How to ask for a Stay of Execution in an eviction case to get more time to move out
Notas finales
If you lost your eviction case, or you agreed in a court judgment to move out, and you need more time to move, you can ask the judge to let you stay in your home longer. You must act fast and use the Stay of Execution form in this booklet.
Act fast
10 days after you lose your eviction case, your landlord can get an Execution from the court. The Execution is the court order a landlord must give a sheriff or constable so they can move you out. A sheriff or constable can only move you out if your landlord has given them an Execution.
If you appeal a case you lost within 10 days of the court’s decision, your landlord cannot get the Execution right away. See Booklet 7: Appeal.
The longer you wait to ask for a Stay of Execution, the more likely it becomes that the landlord will get an Execution and move you out. You can also ask the court for more time before if you signed an agreement and you cannot move out by the date in the agreement.
You can download this "how to" as a PDF booklet in 5 languages. Follow the instructions to complete your Stay of Execution form.
This "how to" does not take the place of a lawyer. Try to get a lawyer. Some Legal Services offices in Massachusetts have clinics that can help you with your Answer. Contact your local legal services program to find out more about these clinics. Some courts have a Lawyer for the Day program. The program offers free legal advice on your court day.