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You are here: More Topics > Landlord/Tenant > Evictions Questions & Answers: A Guide for Landlords > How can the tenant stop or delay the eviction?
If the tenant loses the case, but needs more time to move out, s/he can first try to talk to the landlord to see if s/he agrees to let the tenant stay a little longer.
If the landlord doesn't let the tenant stay longer, the tenant can file a Request for a Stay of Eviction ("Stay"). The tenant has to file the Stay as soon as s/he gets a notice from the Sheriff giving him/her 5 days to leave the unit.
A Stay will delay the eviction. If the judge lets the tenant stay 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.
If the tenant is going to appeal or file a motion to set aside (cancel) the eviction, the tenant has to file a Stay to try to delay or stop the eviction in the meantime.
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. Click here to find legal help.
Remember, a tenant must act very quickly or s/he won't be able to delay the eviction.
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Last modified: 03/17/2008
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