What Does Execution Stayed in Eviction Mean?

An eviction is only final after a set court date.
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If your landlord has legally evicted you from an apartment or house you rent, a stay of execution can give you more time to move out. This can be helpful if you need to make arrangements or seek financial assistance. A stay of execution doesn't overturn the eviction, nor is it a chance to appeal the eviction.

1 The Eviction Process

The exact process will vary by state, mostly in terms used and timelines. In some states an eviction, is called an ejectment. In others, it is called repossession. To begin an eviction, a landlord must post a formal notice, usually called a Notice to Quit. This is a legal document asking the tenant to leave by a set date or redress a lease violation, such as unpaid rent. You do not have to leave on the specified date. After the date on the Notice to Quit expires, you will receive a summons to appear in court. The court proceedings will determine whether you can stay or if you will be evicted. At that point, you will be forced to move out unless your landlord gives you more time or you get a Stay of Execution. You have to apply and the court does not have to grant you a stay, but if it does you may be able to remain in your apartment for up to six months. However, in most states, you will have to pay any rent owed, and rent for every month you occupy the apartment.

With an eclectic background, Ian Johnston has written on diverse topics including literature, real estate, executive leadership and mental health. He received an Master of Arts from The University of Western Ontario, and a Master of Education from The University of Ottawa. He lives in Dartmouth, Nova Scotia.