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Yardley · Nov 21, 2012, 06:24 PM

If a Judge in housing court issues a date to vacate a dwelling is there a way to get additional time.

Fr_Chuck · Nov 21, 2012, 06:56 PM

Go back to court and ask judge for more time, But if you did not prove the case before, most likely they will not give more time latter.

LisaB4657 · Nov 21, 2012, 07:11 PM

If you have a hardship situation then you can request a "hardship stay of eviction". But you'd better have a good reason. If the judge goes for it then they can give you anywhere from 30 to 90 days additional time.

Yardley · Nov 22, 2012, 12:24 PM

Originally Posted by LisaB4657

If you have a hardship situation then you can request a "hardship stay of eviction". But you'd better have a good reason. If the judge goes for it then they can give you anywhere from 30 to 90 days additional time.

I am out of work, serchig for jobs, itervewing, on unemployment, and in college completing a BA degree Dec. 31,

I cannot find a place to live by Nov 28. I want to move I just need time to find a place.

Don't understand why the judge who knows all the circumstances and has said I have to move would reverse her order. Or will Hardship stay of eviction be decided by another judge?

LisaB4657 · Nov 22, 2012, 12:30 PM

They won't reverse the order that you must be evicted. But they "may" give you some more time to find a place. It's worth a try. Good luck!

Yardley · Nov 22, 2012, 12:40 PM

Originally Posted by LisaB4657

They won't reverse the order that you must be evicted. But they "may" give you some more time to find a place. It's worth a try. Good luck!

It certainly is worth a try. Thank you.

Yardley · Nov 22, 2012, 12:47 PM

Originally Posted by Yardley

It certainly is worth a try. Thank you.

Need clarification:
This is considered an appeal to a judge's decision, correct? So that means that a different judge decides this question, correct? If I am in front of the same judge its makes sense that she will not reserve herself.

Yardley · Nov 22, 2012, 01:25 PM

Is the hardship stay of eviction brought before the same judge as is ordering the eviction. If so why would she reverse herself??

LisaB4657 · Nov 22, 2012, 01:45 PM

No, it is not an appeal of the decision. It is a motion to stay (postpone) the eviction. It would probably be the same judge but not necessarily. Contact the court clerk and ask them how to file a motion to stay an eviction for hardship.

Yardley · Nov 22, 2012, 01:51 PM

Originally Posted by LisaB4657

No, it is not an appeal of the decision. It is a motion to stay (postpone) the eviction. It would probably be the same judge but not necessarily. Contact the court clerk and ask them how to file a motion to stay an eviction for hardship.

Thank you so much. You have been helpful.

LisaB4657 · Nov 22, 2012, 01:58 PM

My pleasure! Good luck!

ScottGem · Nov 22, 2012, 05:24 PM

Originally Posted by Yardley

I am out of work, serchig for jobs, itervewing, on unemployment, and in college completing a BA degree Dec. 31,

I cannot find a place to live by Nov 28. I want to move I just need time to find a place.

Here is the problem I have with this. Before filing for a court ordered eviction, you had to have been given at least a 30 day notice to vacate (in most places). If you failed to vacate by then, the landlord would file for a court order which involved the hearing when the judge ruled. So you have probably known for well over a month that you would have to move, yet you have done nothing about it. So why should a judge inconvenience the landlord, preventing them from finding a new tenant who will pay the rent because you haven't been able to find a new place.

Sorry, but I doubt seriously if you will be granted a stay. You better find a place to crash immediately.

Yardley · Nov 22, 2012, 05:26 PM

Originally Posted by ScottGem

Here is the problem I have with this. Before filing for a court ordered eviction, you had to have been given at least a 30 day notice to vacate (in most places). If you failed to vacate by then, the landlord would file for a court order which involved the hearing when the judge ruled. So you have probably known for well over a month that you would have to move, yet you have done nothing about it. So why should a judge inconvenience the landlord, preventing them from finding a new tenant who will pay the rent because you haven't been able to find a new place.

Sorry, but I doubt seriously if you will be granted a stay. You better find a place to crash immediately.

I was not given 30days to vacate

ScottGem · Nov 22, 2012, 05:30 PM

Originally Posted by Yardley

I was not given 30days to vacate

ANY question on law needs to include your general locale as laws vary by area.

So you were given a pay or quit notice? In that case, it means you knew you wouldn't be able to make the rent so you had some idea that you would be evicted. The point is that you had to be aware this would be a possibility, and not just after going to court.

Yardley · Nov 22, 2012, 05:33 PM

Originally Posted by Yardley

I was not given 30days to vacate

Can't a person appeal from a judge's opinion. Judges make mistakes all the time.

ScottGem · Nov 22, 2012, 06:00 PM

You haven't told us the circumstances of your eviction. I see no reason for an appeal.

LisaB4657 · Nov 23, 2012, 07:58 AM

A motion to stay an eviction for hardship and an appeal are two completely different things. The background of the eviction should have no bearing on whether a hardship stay will be granted.