A lot happens in life. And one of the most unexpected events can be getting evicted from your rental home. To make it worse, being evicted while you’re already going through a difficult time feels overwhelming. That’s why we’ve taken the time to help you understand how to file a hardship stay of eviction.
Normally, when the judge rules in the landlord’s favor and the eviction is approved, everything suddenly feels urgent. But what if leaving right away would put you in an even worse situation? Many tenants face this exact challenge.
The good news is that you may be able to legally slow down the move-out process. We’ll show you how. Read on as we walk you through what it means and what steps you can take.
Main Takeaways
- A hardship stay of eviction lets you ask the court for more time to move out after a judge approves the eviction.
- You must act quickly, provide strong evidence, and show that your hardship is serious and temporary.
- If granted, the extension gives you time to plan your next move and find stable housing.
What Is a Hardship Stay of Eviction?
A hardship stay of eviction is a formal request you file with the court after an eviction order. So, instead of challenging the court’s decision, you request additional time to move out due to serious personal circumstances. And just so you know, even experienced property management companies in Philadelphia must follow the court’s decision once a judge approves an eviction. And if the court grants you extra time through a hardship stay, they must honor that extension as well.
That said, this request is based on hardship. For example, you may have a medical emergency, children who are still in school, or you may be facing a sudden financial loss. In some cases, if the hardship involves a disability, tenants may also have rights under fair housing laws to request a reasonable accommodation. Because of that, you must present clear evidence to the court. From there, the judge decides whether moving out right away would cause you extreme difficulty compared to the delay it may cause the landlord.
It’s important to understand that a hardship stay does not erase what you owe. It also does not cancel the eviction itself. It simply asks the court to delay enforcement for a short period. However, how long that extension lasts depends totally on local laws and the details of your situation.
Step-by-Step: How to File a Hardship Stay of Eviction
After you have been served with an eviction order, you need to decide on two things. To move out or request a hardship stay. If you believe you have strong reasons and evidence to show the court, you can follow the steps below.
Step 1: Confirm the Eviction Order
Make sure the judge has already issued the eviction order. A hardship stay applies after the court makes its decision. If the case is still pending, this may not be the right step yet.
Step 2: Check the Deadline
Let’s talk about timing. Normally, you need to file your hardship request before the eviction is carried out. Once the sheriff completes the lockout, it’s too late. That tells you you need to file immediately after the court approves your eviction.
Step 3: Gather Your Evidence
As we mentioned, the court must be convinced that your situation is serious. Collect documents that support your hardship claim. This may include:
- Medical records (in cases of illness)
- Proof of job loss
- Pay stubs (to show you are trying to improve your situation)
- School records for children (if you need time to find a new place or transfer schools)
- Letters explaining your situation
Step 4: Complete the Required Court Form
Visit your local court or its website to find the hardship stay form. When filing it, be honest and direct as you explain your situation. Also, submit the form before the deadline. The court clerk can guide you on filing fees, if any.
Step 5: Attend the Hearing (If Required)
The judge may schedule a short hearing. Bring your evidence. Stay calm. Answer questions clearly.
With that, you take the proactive steps toward filing a hardship stay of eviction.
What Judges Look For in a Hardship Stay Request
You already know the judge will focus on the serious hardship you’re facing. But that’s not all. The judge will want proof, not just words. You must show that your situation is real and that you truly need more time.
They usually look at three main things.
How Serious Is Your Hardship?
Is it a medical issue? A sudden job loss? A family emergency? Note that the more serious and urgent it is, the stronger your request becomes.
How Much Time Are You Asking For?
Judges are more likely to approve a reasonable extension. For that reason, ask for a short, specific amount of time; it often works better than asking for an open-ended delay.
What Steps Have You Taken So Far?
Have you looked for another place? Have you tried to secure income? Judges want to see effort. It basically shows that you’re not trying to avoid moving, but you honestly just need time. And that is why, among the documents you present, a pay stub can add weight to your evidence.
The court also considers the landlord’s side. If the delay causes major financial harm to the landlord, that may affect the decision.
FAQs:
Now, let’s look at some of the common questions tenants ask. These answers can give you a clearer understanding of how to file a hardship stay of eviction and what to expect during the process. Here are a few of them:
When Should Tenants File a Hardship Stay?
You should file as soon as the judge approves the eviction order. Do not wait until the last minute. Once the sheriff schedules the lockout, your window becomes very small.
What To Say to a Judge To Stop Eviction?
Be honest and clear. Explain your hardship in simple terms. And as part of the process, present your evidence. Remember, you are not asking the judge to cancel the eviction. You are asking for more time because of serious circumstances in your life.
How Long Is an Eviction Hardship Extension?
It depends on the court and your situation. Some judges may grant a few weeks. Others may allow more time if the hardship is strong and well-documented. Also note that the extension is usually temporary, not permanent.
Can I File After the Lockout?
In most cases, no. Once the sheriff completes the lockout, the process is finished. That’s why you need to act before the eviction is carried out, preferably immediately after the judge rules on your eviction.
Will I Need a Lawyer?
Not always. Many tenants file hardship requests on their own. However, if you feel unsure or your case is complicated, speaking with a legal aid attorney can help you understand your options.
What to Do After an Eviction Order
When life happens, and you face eviction, you don’t have to panic. In many cases, you may have options, such as appealing or filing a hardship stay of eviction. With the right documents and perfect timing, you stand a better chance. Once your hardship stay of eviction is granted, you can then plan your next move without rushing. That kind of breathing room can make a real difference.
Now, once you’re ready for a fresh start, the right rental matters.
If you’re looking for a place to call home, Bay Property Management Group is here to help. We offer a range of homes to fit different needs and lifestyles. More importantly, we walk our tenants through the lease so you know exactly what to expect. Communication stays open as well. And we keep you informed if anything changes. So if you’re searching for a single-family home, multi-family unit, condo, or any type of home, take a look at our current listings.
