How Long Can You Delay a Eviction Process

Even if the court says the possessor can adios you, y'all may be able to postpone or forestall the eviction. But you lot must act quickly. To learn more, run across Chapter 12: Evictions - Challenging a Court - Ordered Eviction.

a. If the Court Orders Y'all Out

If the owner wins the eviction case, she will go a paper called an execution 10 days after the court enters the judgment. The landlord tin can employ the execution to have a sheriff or constable physically remove you lot and your things from your home.

The constable or sheriff must give you 48 hours notice earlier he moves you out. Only a constable or sheriff tin can physically move you out.

b. Getting an Society to Postpone the Move Out

If you need more time to move inquire the court to postpone the date you accept to move out. Immediately fill out the class in Stay (Booklet 8).

If you are 60 or older or you have a disability, you may inquire for upward to 12 months; all other tenants may ask for upwardly to 6 months.⁵⁵ The court will decide how much fourth dimension to give you.

Note

The court will usually not allow you to stay longer if it was your own error you were evicted like yous did not follow the terms of your lease.

c. Highly-seasoned

If yous lose and you still call back yous should have won your case, you may appeal the court'southward determination. You must file an appeal within 10 days of the court's conclusion.⁵⁶ Appeals are very complicated. It is important to effort and become a lawyer.

d. Requesting an Social club to End the 48-Hour Move-Out Notice

If you become a 48-hour observe from a constable and you are not able to move out, you can file a complaint for a temporary restraining order. The complaint asks the judge to cease the constable from moving you lot out. Encounter Temporary Restraining Order (Grade fifteen)
Or try the MassAccess interactive interview, Complaint for a Temporary Restraining Social club, that lets you complete, review, sign and send your request for a Temporary Restraining Society to the court from your smart phone or computer. You volition have to pay a filing fee. If you cannot afford the fee, file an Affidavit of Indigency (Booklet 9).

e. If You Cannot Get an Order to End or Postpone the Eviction

Only a constable or sheriff can physically motility you out. He must give yous at least 48 hours written notice written before he makes y'all exit. When the constable arrives, he will have the execution newspaper. This paper lists the names of the adults to be evicted.

The constable cannot adios you lot:

• If yous live at the holding and you are over 18 but your name is non on the court papers or the execution paper.⁵⁷
• If your proper name is non on the court papers or the execution, the officer cannot adios your family either.⁵⁸ Show the officer your ID and proof of your address. Explain that your proper noun is non on the courtroom papers and he must not evict you lot.
• But if you get a subsidy to help pay the hire, non every adult needs to be listed on the execution. Only the head of household who signed the rental contract needs to be on the execution.

To learn more virtually all of the higher up, run into Chapter 12: Evictions - Challenging a Courtroom-Ordered Eviction.

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Source: https://www.masslegalhelp.org/housing/lt1-chapter-18-staying-after-eviction

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