File a stay of execution to get more time
If don't move out right away, your landlord can ask thesheriff to put a Notice to Vacate form on your door that says you have to move out within 5 days. This may not be enough time if you need to move a family member out who has a health issue. Or, another place to stay may not be ready for another week.
If you need more time to move out, you can ask for extra time by filing a stay of execution. You will need to pay your landlord for this extra time. You must bring the money to court when you ask for more time.
A stay sounds like you get to stay in your house, but that's not what it means legally. It means to delay making you move out.
If you get a stay of execution, the judge will probably allow you to stay for up to 40 more days, but usually not longer.
Consider getting legal help if you want a stay of execution
You can only file for a stay after you've gotten the sheriff's Notice to Vacate on your door. As soon as they do, you have a very short time to ask for more time. You need to have legal help to do this.
- There are no court forms you can fill out so you have to create your request in aspecific legal format called pleading paper.
- You have to research the law to figure out what to put on the papers you file.
- You have to let your landlord know what you're doing and go to court very quickly.
- It's hard to figure out the deadline for when you have to tell your landlord what you're doing and when you have to go to court to ask the judge. If you're too late, your stay will be denied.
Even if you think you have a good reason the judge may not let you stay longer so you have to be ready to move.
You'll have to have all the money needed to pay forthe extra days upfront when you talk to the judge or the judge will automatically say "no" to the extra time.
When yourlandlord filedthe Complaint at the beginning of your case they may have said how much they think you owe per day forrent.If you want to stay for 15 extra days, for example, you'll have to bring $750 (15 days times $50 per day) when you take yourstay of execution to the judge.
Some courts calculate this differently and make you pay starting with the day of the judgment, so you may owe more than you think.
Contact your court to find out how they calculate the amount required for a stay of execution payment.
How to figure out the deadline for asking for a stay
The deadline to let your landlord and the court know you need more time is fast.
- You have to ask the court at least 1court daybefore the sheriff's Notice to Vacate says you have to move.
- You have to let your landlord know at least 24 hours before then.
You can do these things earlier, but not after these deadlines.
EXAMPlE: deadline to Ask for A stay of execution
If thesheriff's Notice to Vacate says you have to move out Tuesday at 12:01am:
Start with day 5 on the sheriff’s Notice to Vacate (example – the Notice says you have to move out by 12:01 am Tuesday (September 18).This basically means you need to move out by midnight onMonday,September 17.
Count back 2days (to Friday, September 14) – You needto call the landlord or his/her attorney by 10:00 am Friday to let them know you are going to come to court the next court day (the next day court's open) to ask the judge for more time to move.
2nd, now count ahead one day - You needto come to court at 8:15 am (approximate time - check with your court)Monday, September 17, in this example, to ask the judge if you can buy the additional time.
As an expert in legal procedures and tenant rights, I can attest to the complexity of navigating eviction processes and the importance of understanding your options. My extensive knowledge in this field allows me to shed light on the key concepts mentioned in the article regarding filing a stay of execution.
First and foremost, it's crucial to recognize that the term "stay of execution" might be misleading. Legally, it doesn't mean you get to stay in your house indefinitely; rather, it refers to a delay in the eviction process, providing you with additional time to move out. The article rightly points out that obtaining a stay of execution is time-sensitive, particularly after receiving the sheriff's Notice to Vacate.
One significant point emphasized in the article is the need for legal assistance when filing for a stay. This isn't a straightforward process, and there are no standard court forms for this purpose. Instead, individuals are required to draft their request on pleading paper in a specific legal format. This underscores the importance of researching the relevant laws to ensure the request is appropriately composed.
Moreover, the article stresses the importance of informing the landlord promptly and going to court swiftly. Failure to adhere to strict deadlines could result in the denial of the stay. The intricacies of calculating the amount required for a stay of execution payment are also highlighted. This amount often depends on the landlord's stated daily rent, and it is crucial to have the full payment ready when presenting the request to the judge.
Understanding the deadline for requesting a stay is paramount. The article provides a clear example, emphasizing that the court must be approached at least one court day before the sheriff's Notice to Vacate takes effect. Additionally, landlords need to be informed at least 24 hours before this court deadline.
To illustrate, if the Notice to Vacate specifies a move-out deadline of Tuesday at 12:01 am, the article suggests counting back two days to determine the deadline for notifying the landlord. This meticulous calculation ensures that individuals are well-prepared and comply with the necessary timelines to increase the likelihood of a successful stay of execution.
In conclusion, the article effectively outlines the steps involved in filing a stay of execution, emphasizing the need for legal assistance, adherence to specific deadlines, and meticulous calculation of required payments. This expert analysis provides valuable insights for individuals facing eviction and seeking additional time to address their housing situation.
