How to File a Stay of Eviction

By Ashley Kurz

If you have received notice that you lost an eviction case, it means that the decision is final and you must move from the premises. Being evicted can be stressful enough, but not having time to make other living arrangements and move out compounds the problem. You can request more time to move by filing a stay of execution, also referred to as a stay of eviction. It stops the landlord from executing the eviction for a fixed time that is decided by the judge.

Go to your local court of common pleas, and ask for a stay of execution form.

Fill out all areas of the form. Include any extra information about why you need more time to move. Examples would be a person in your home who has a disability, someone who is older than 60 or repeated attempts to find new accommodations to no avail.

Keep a notebook and pen handy when looking for new living arrangements mark down the date, property and response you receive.

Take the completed form to the court within 10 days of the notice of eviction, and file the form with the office of the clerk of courts.

Ask the clerk when your hearing will be scheduled. Write down the date in your notebook.

Ask the clerk for two copies of the completed form. Keep one copy for your records, and keep it with your notebook. Deliver the other copy to your landlord or your landlord's lawyer.

Show up for your hearing at the court, as specified by the clerk and bring your notebook with you.

Answer the judge's questions, and be prepared to explain your need for more time to move, and specify how much time you will need.

Accept the decision of the judge, and plan your move accordingly.

About the Author

Ashley Kurz, a full-time professional writer since 2009, publishes on various informational websites. An expert in the craft field specializing in craft-related topics, Kurz has taught arts and crafts for group therapy sessions.

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