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Booklet 8 ▲ 1
Need time to move?
If you lost your eviction case, or you agreed in a court judgment to move out, and you need
more time to move, you can ask the judge to let you stay in your home longer. You must act
fast and use the Stay of Execution form in this booklet.
Act fast
10 days after you lose your eviction case, your landlord can get an Execution from the
court. The Execution is the court order a landlord must give a sheriff or constable so they
can move you out. A sheriff or constable can only move you out if your landlord has given
them an Execution.
If you appeal a case you lost within 10 days of the court’s decision, your landlord cannot get
the Execution right away. See Booklet 7: Appeal.
The longer you wait to request a Stay of Execution, the more risk you run that the landlord
will get an Execution and move you out.
You can also ask the court for more time before if you signed an agreement and you cannot
move out by the date in the agreement.
Produced by the Mass. Law Reform Institute with assistance from
legal services offices in Massachusetts and available at www.MassLegalHelp.org.
© MLRI, revised January 2022. All rights reserved.
Stay
Representing
Yourself in an
Eviction
BOOKLET
8
2 ▲ Booklet 8
How much time can I stay?
The Stay of Execution form in this booklet asks the court to postpone the Execution order
and allow you more time to find new housing. The amount of time you can ask for depends
on the reason for the eviction.
No-fault eviction
If your landlord brought a no-fault eviction, for example, because their family wants to move
into your apartment or because they want to sell the building, the judge can let you stay for
up to 6 months. They may allow you 12 months if you or someone in your household is
over 60 or has a physical or mental disability.
If they only let you stay for a shorter time, like 3 months, you can file another motion if you
need more time.
Non-payment of rent or fault eviction
If you landlord brought an eviction for non-payment of rent or a reason that is your fault,
the court may not give you any more time, or might give you a little extra time, like a few
days or a few weeks.
If the judge gives you a Stay of Execution, they will probably order you to pay rent or a fair
value of your apartment while you stay.
Keep a record of your housing search
Use the Housing Search Log Form at the end of this booklet to keep track of the
apartments you try to rent and the things you do as you look for a new apartment. You can
show this record to the court so they know you are looking. Attach the form to your motion
when you file it.
Booklet 8 ▲ 3
How to ask for a Stay of Execution
Fill out the form in this booklet
The letters and numbers in these directions match those on the form.
a. Write the name of your county.
b. Copy your landlord's name from the Summons and Complaint.
c. Copy your name from the Summons and Complaint, even if it is wrong. You can ask the court to fix
the mistake.
d. Copy the name of the court from the Summons and Complaint.
e. Fill in the Docket Number, if you know it. The Docket Number is the number the court assigned to
your case. You can ask the clerk at the court for it.
1. Describe what you have done to find a new place to live. Use the Housing Search Log Form in
this booklet to help you keep track of the things you did to find a new apartment. Make a copy of your
Housing Search Log Form and attach it to your motion form in this booklet.
2. Check the box if you or someone in your household is 60 years old or older.
3. Check the box if you or someone in your household has a disability. You do not have to get SSI or
SSDI. For the Stay of Execution, your disability can be a physical or mental impairment that
significantly limits:
The kind of housing you can live in.
Your ability to look for new housing. Or
Your ability to care for yourself, perform manual tasks, walk, see, hear, speak, breathe, learn,
or work.
4. Use the blank lines to explain that moving now would be very hard. For example:
I have rented a new apartment, but it will not be available for a month.
I cannot move until my children finish school.
I am handicapped or elderly and cannot find a suitable place.
I am on a waiting list for housing.
I should be receiving a subsidy soon.
I have a child with a disability.
5. Check the box 5 if you got a 48-hour notice of eviction from a sheriff or constable. Fill in the date and
time on the sheriff's eviction notice.
Bring the 48-hour notice with you to court.
6. Use the blank space to describe any other information you think may help the judge decide to give you
more time. Tell the judge about ways you are working with your landlord while you are getting ready to
move. For example, if you are up to date on your rent, tell the judge in this space.
7. Call the court clerk or fill out this section when you bring your motion to court. Ask the clerk when
you will have a hearing and if you should put the date and time on the motion or if the clerk will do it.
If the clerk tells you to do it, fill in the date and time.
4 ▲ Booklet 8
8. Check the box next to the way you delivered/plan to deliver your motion and Housing Search Log to
your landlord or their lawyer. Write in the date you deliver or send the forms.
9. Sign and write your name, address and phone number.
File and deliver the Motion to Stay Execution
1. Make 2 copies each of your completed Motion to Stay Execution and Housing Search Log
2. Call the clerk’s office.
Tell the clerk you need to have a hearing right away before the sheriff moves you out.
Ask the clerk:
1. "Who should fill in the hearing date on my Motion to Stay Execution? " And,
2. "What is the best way to file my Motion with the court?"
3. After you talk to the clerk:
File the original forms with the court as soon as possible. You can:
Take it to the clerk’s office. If you hand-deliver to the court, ask the court to stamp the
date on your copy so you have proof that you filed it on time.
Send it to the court electronically. Use the court’s online filing system or call and ask the
court if you can email them. This is the best way if you can do it!
If you absolutely cannot deliver it in person or send it electronically after talking to the
clerk, you can mail it. But the mail is slow and you risk being evicted if court does not
receive it in time.
Deliver a copy of your forms to your landlord’s lawyer or your landlord. Look at the right side
of the Summons and Complaint. If there is a number on the “BBO#” line, your landlord has
a lawyer. To deliver a copy, you can:
Deliver it by hand or email it to your landlord's lawyer. The lawyer's email address is at
the bottom of the Summons and Complaint. If your landlord does not have a lawyer you
need a written agreement from your landlord that says they agree to get your motion by
email. It is important to deliver this Motion to Stay Execution by hand or email it,
because the mail may be too slow.
Keep a copy for yourself.
Get to your hearing on time
Tell the judge:
The reasons you need more time to move.
The things you have done to find a new place.
The number of days, weeks, or months you need.
The judge will probably want to know if:
The eviction was not your fault.
You can pay rent.
Booklet 8 ▲ 5
You have not found a new place to live, even though you have made diligent efforts. Or
You have specific reasons why you have not moved yet. For example, you may get a subsidy
soon.
At the hearing, the judge will probably decide if you can stay longer in your apartment and
tell you how long you have before you have to move. If they do not tell you at the hearing,
the court will mail you a notice in a few days.
If you get a Stay of Execution
If you get a Stay of Execution, you do not have to move until the date in the Stay of
Execution order.
If you cannot find an apartment by the date in the Stay of Execution order, and you still
need more time to move. Complete another Stay of Execution form and attach a Housing
Log to show what you have done to find another apartment. .
If you go back to the court to ask for more time, show the court you tried your hardest to
find new housing. Use the Housing Search Log Form again to do this.
If you do not get a Stay of Execution
If you do not get a Stay of Execution, try to move yourself and your belongings as soon as
you can.
If you do not move your things before the sheriff or constable arrives, your landlord can
move your belongings into storage. You will have to pay to get your things out of storage.
You could lose your belongings forever.
If the sheriff or constable are at your door, try to negotiate for more time to move. Pack
your most valuable belongings — things you need, like important papers and
medications.
The storage law requires that a constable move your belongings to a public warehouse
licensed by the Department of Public Safety to store items.
You have the right to choose a licensed public warehouse within 20 miles of your
apartment to store your belongings. You must write to the constable at or before the time
they remove your property to tell them where you want your things to go.
You can find a list of approved public warehouses where a sheriff or constable can take
your things online: Mass.Gov/service-details/public-warehouse-evictions
The sheriff can only move your belongings to a self-storage facility or a friend or family’s
house if your landlord agrees. Ask your landlord to agree to move your belongings to a place
you choose so you do not have to pay storage fees. The landlord must agree, if you ask
See MassLegalHelp.org/housing/eviction-storage-law
6 ▲ Booklet 8
Housing Search Log Form
Date Address/Location of
Apartment
Contact Person Result
Booklet 8 ▲ 7
FORM
(Please print or type)
COMMONWEALTH OF MASSACHUSETTS
TRIAL COURT
a.
,
ss
:
d
.
County Name of Court
e
.
Docket No. Summary Process
Plaintiff(s) – Landlord(s)
MOTION TO STAY EXECUTION
vs.
c.
Defendant(s) – Tenants(s)
The tenant in this case requests this Court to stay the issuance of execution under M.G.L. c. 239,
§§9 and 10, applicable rules, and the court's equitable powers.
1
1. The tenant has been unable to find a new place to live, despite diligent efforts as follows:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
2. ◻ Tenant or someone in his/her household is 60 years of age or older.
3. ◻ Tenant or someone in his/her household has a physical or mental impairment.
4. It would be a special hardship to move now, because:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
5.
Emergency Motion for Temporary Stay of Execution Pending a Hearing
◻ I received a notice that a constable or sheriff will move me from my home on
_________________________(date) at _____________(time) and I request that the Court
immediately stay issuance or use of execution pending a hearing and decision on the above
Motion.
1
Pursuant to LoRusso v. Talbot, 1999 Mass. App. Div. 301, 304, "[w]hile it is within the judge's discretion to consider any
hardship a stay may cause the landlord, the legislative purpose and policies underlying the above statutes [M.G.L. c. 239, §§9
and 10] appear to mandate a judicial thumb on the scale of any balancing of interests in favor of the tenant."
8 ▲ Booklet 8
6. Other relevant factors that I would like the Court to consider:
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
7. Clerk: I request this motion to be heard on ____________________(date) at _____o'clock.
Landlord: Please take note that this Motion will be heard at the above time.
8. I ◻ delivered or ◻ mailed (check which one) a copy of this Motion to my landlord or to his/her lawyer
on _____________________________________(date).
9. __________________________________
Signature of Tenant
_________________________________________
Tenant’s Name (print)
_________________________________________
Address
_________________________________________
City State Zip
_________________________________________
Telephone Number
_________________________________________
Email (if any)
_____________________________________
Signature of Tenant
____________________________________________
Tenant’s Name (print)
____________________________________________
Address
____________________________________________
City State Zip
____________________________________________
Telephone Number
____________________________________________
Email (if any)
Date: ___________________________
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Completed 9 April 2022

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