Landlords: After the Judgment (Step 7 of 7)
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, 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 for help.
If a tenant loses the case and appeals or tries to cancel the judge’s order, the eviction is not stopped. The only way for a tenant to stop or delay the eviction is to ask for a stay of execution (see below).
Even if a tenant does not appeal, he or she may want more time to move out. If the landlord will not agree to it, the tenant will also have to file a request for a stay of eviction (“stay”).
STAYS OF EXECUTION
A tenant has to file the stay as soon as he or she gets a notice from the sheriff giving him or her 5 days to leave the unit.
If it is granted, a stay will delay the eviction. Some courts almost never grant stays, so it is not something the parties should count on. If the judge lets the tenant remain in the rental unit longer, the tenant will have to pay the rent for that period of time. The amount of time the tenant can stay will depend on the county and the case.
The tenant needs a good reason to ask for more time. And there are no court forms to ask for a stay, so tenants should talk to a lawyer for help. Remember, a tenant must act very quickly or he or she will not be able to delay the eviction.