Ask for more time to move
If you lose your eviction case, you must move out within 5 days after the sheriff posts a Notice to Vacate on your door. If you need more time, you can ask the court for a stay of execution.
A stay of execution does not mean you get to stay in your home forever. It only means the court may give you more time before you have to move out.
How to ask for more time
If you don’t move out within 5 days, your landlord can ask the sheriff to post a Notice to Vacate. This tells you the exact date and time you must leave.
If you need extra time, you can ask the court for a stay of execution. To do this, you must:
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File a request on pleading paper (there is no official court form).
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Bring enough money to pay your landlord for the extra days you want to stay.
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Tell your landlord about your request.
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Go to court quickly—before the deadline.
⚠️ Important: If you don’t follow all the steps or if you’re too late, the judge will deny your request. Even if you ask correctly, the judge may still say no. You must be ready to move.
How long can you stay?
If the judge approves your request, you may get up to 40 more days to move. Usually, it’s less time.
💵 How much money do you need to bring?
You must bring money to pay for each extra day you ask for.
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Look at your landlord’s Complaint from the beginning of your case. It may list the daily rental value (for example, $50 per day).
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Multiply the daily amount by the number of extra days you want.
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Example: $50 per day × 15 days = $750.
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Some courts calculate the amount starting from the date of judgment, not from the Notice to Vacate. This may mean you owe more.
📌 Tip: Contact your court to confirm how they calculate the stay of execution payment.
📅 Deadlines for asking for more time
You have very little time to act.
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You must ask the court at least 1 court day before the move-out date on the sheriff’s Notice to Vacate.
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You must tell your landlord (or their attorney) at least 24 hours before you go to court.
You can do this earlier, but not later.
Example: how to count your deadline
If the sheriff’s Notice to Vacate says you must move out by Tuesday, September 18, at 12:01 am:
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That means you must be out by midnight on Monday, September 17.
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Count back 2 days → Friday, September 14. You must call your landlord or their lawyer by 10:00 am Friday to tell them you plan to go to court.
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Count ahead to the next court day → Monday, September 17. You must go to court first thing in the morning (check your court’s time) and ask the judge for more time.
Get legal help right away
It’s very hard to prepare and file a stay of execution on your own. You have to use the right legal format, meet strict deadlines, and bring money with you. A lawyer or legal aid office can help.