Users' questions

Can a court grant a stay of execution?

Can a court grant a stay of execution?

The fact that an appeal is made, or permission to appeal is granted, does not automatically grant a stay of execution. The appellant has to apply for a stay and the court can grant conditions. The law and principles governing granting conditions on appeal…

Can a landlord get a stay of execution?

Note: Even if 10 days have passed, you may still ask for a Stay of Execution, although the more time that passes, the more at risk you will be that the landlord will get an Execution and move you out. The form in this booklet lets you ask the court to postponewhen the landlord can get an Execution and to allow you more time to find new housing.

Who is responsible for the execution of eviction papers?

The Execution is the document that a landlord gives to a sheriff or constable, who then has the legal authority to move you out if you do not move on your own.

How big of a development can be exempt from MIH?

Developments, enlargements or conversions that do not exceed either 10 units or 12,500 square feet of residential floor area are exempt from the requirements of the program. HPD is responsible for the administration of MIH Program.

When does a landlord get an order of execution?

Judgment and Execution. A judgment is entered after the trial. If judgment is entered for the landlord (and after any stay has expired), he or she must ask the court for an order requiring the tenant to move. The landlord gives the order of execution to a state marshal for proper service.

Can a stay of execution be granted on an eviction?

A “stay of execution” means that the court has postponed the eviction. When a tenant is evicted for reasons that were not the tenant’s fault, a judge may grant a stay of execution for up to 6 months to give a tenant time to find a new place to live, or for other reasons. If the tenant is disabled or over 60, the stay can be up to to 12 months.

When do you file a stay of execution?

Stays of Execution You have to file the stay as soon as you get a notice from the sheriff giving you 5 days to leave the unit. A stay will delay the eviction. If the judge lets you remain in the rental unit longer, you will have to pay the rent for that period of time.

What is the Housing Court form Rev 7 / 99?

Housing Court request for default under Civil Procedure Rule 55 (a) Housing Court Form Rev 7/99. Provides an optional referral to a Housing Specialist. The Housing Specialist Department can sometimes help a complainant and defendant arrive at an agreement satisfactory to both.