How to Drag Out an Eviction: Legal Ways to Delay the Process

Is your landlord trying to evict you? You have legal options to delay the process.

When a court orders an eviction, the judge signs an order directing the sheriff to remove you. But before law enforcement can act, you can take steps to buy yourself time.

You can file several documents with the court to delay or stop the eviction:

• Request more time to move out
• Challenge the eviction on legal grounds
• Appeal the order to a higher court

Each option gives you breathing room. You can find stable housing or even win your case.

File a Motion to Stay the Eviction Order

Most states allow you to file a motion to stay. You can delay the eviction for up to 10 days in many jurisdictions.

You can file this motion anytime after receiving an eviction notice. Many tenants wait until they receive the actual eviction order from the sheriff.

Courts typically limit stays to 10 days maximum. Most only allow one motion to stay per case. Some courts won’t accept your motion if you’ve already had a hearing.

To file a motion to stay, follow these steps:

• Submit the motion to stay form to the proper court
• Request a fee waiver if you can’t afford filing costs

Filing the motion immediately puts your eviction on hold. The judge will review it within one or two business days.

The judge can make one of three decisions:

• Deny the motion and let the eviction proceed
• Grant extra time for you to move
• Schedule a hearing where both sides present arguments

Check your case status online regularly. You need to know when the judge makes a decision.

File a Motion to Cancel the Eviction Order

A motion to set aside asks the court to cancel the eviction. You must provide valid legal reasons for this request.

Valid grounds for canceling an eviction include:

• Improper service of eviction notices
• Documented excusable neglect on your part
• Fraud or misrepresentation by your landlord
• Newly discovered evidence
• The eviction order is legally void

The court may schedule a hearing after you file. The eviction order remains valid unless the judge grants your motion.

If your landlord is suing you for unpaid rent, our partner Solo can help you respond properly to the lawsuit.

If the judge denies your motion, you still have one more option. You can appeal to a higher court.

Appeal the Eviction Order

You can appeal if you believe the court made a legal error. Appeals go to the district court in your area.

You typically have only 10 business days to file. Business days exclude weekends and holidays. Don’t miss this deadline.

The clerk sends your case file to the district court. The appeals court won’t hear new evidence or retry your case. They only review the record for legal errors.

The district court may require oral arguments. Both sides might need to submit legal briefs. The process takes time, which works in your favor.

The higher court has several options:

• Cancel the original eviction order
• Confirm the lower court’s decision
• Modify the eviction terms
• Order a new trial

File a Motion to Seal the Eviction Case

Sealing an eviction hides it from public records. Future landlords won’t see the case when screening you.

Courts allow sealing in these situations:

• You and your landlord agree to cancel and seal the eviction
• The eviction order should be set aside under state law
• Justice interests outweigh public access to court records

The court considers whether circumstances beyond your control caused the eviction. They review how much time has passed since the original order.

Judges look at extenuating circumstances surrounding the case. Strong documentation helps your argument.

Know Your Rights and Take Action

Every state provides ways to delay an eviction. You can use multiple strategies to buy yourself months of extra time.

Research your state’s specific eviction laws. Each jurisdiction has unique rules and timelines. Knowledge gives you power in this situation.

Start with the easiest option and work your way up. File a motion to stay first. If denied, file a motion to cancel. If that fails, appeal.

You might even get the eviction order rescinded completely. Many tenants successfully fight wrongful evictions. But you need to act quickly and follow proper procedures.

Document everything related to your case. Keep copies of all notices and court filings. Take photos of your rental unit’s condition.

If your landlord is also pursuing a debt lawsuit against you for back rent, you need to respond properly. Our partner Solo helps you file the right response to debt collection lawsuits.

Don’t ignore court deadlines. Missing a filing deadline can end your chances of delaying the eviction.

Consider consulting with a tenant rights attorney. Many offer free consultations. They can review your specific situation and recommend the best strategy.

You have more options than you might think. Understanding the legal process helps you protect your rights and secure your housing.