How to Delay a Sheriff Lockout in DC with an Appeal

If you're facing eviction in the District of Columbia and a lockout date is approaching, you might be wondering what options you have to delay the process. In DC, renters may be able to temporarily stop (or “stay”) the sheriff lockout by filing an appeal. This article explains, in plain language, how this process works, what forms are required, and where to get official help.

Understanding Sheriff Lockouts in DC

After an eviction judgement in DC Superior Court, your landlord must obtain a Writ of Restitution before a U.S. Marshals/Sheriff can remove you from your rental unit. Once the writ is issued, the landlord can schedule a lockout date with the U.S. Marshals Service. As a renter, you have important rights at this stage, especially if you are considering an appeal.

Can You Stay the Lockout by Appealing?

Yes, in many cases, you can temporarily halt the sheriff lockout by properly filing a notice of appeal and a Motion to Stay with the DC Superior Court. This means the eviction cannot proceed until the court considers your request. It's crucial to act quickly, as deadlines are short and forms must be properly completed.

Key DC Eviction Terms Explained

• Writ of Restitution: The court's order allowing the U.S. Marshals to evict a tenant.
• Notice of Appeal: A formal declaration to the court that you plan to appeal the judgment.
• Motion to Stay: A request to pause the eviction while your appeal is considered.

The official tribunal handling residential eviction cases in DC is the DC Superior Court Landlord and Tenant Branch.

Required Forms to Stay a Sheriff Lockout on Appeal

• Notice of Appeal (Form CA 7): This form tells the court and your landlord that you are appealing the eviction order. File it within 3 days of the judgment.
  Example: If a DC tenant loses at trial on Monday, they must submit this form to the Landlord & Tenant Clerk by Thursday.
  Download Notice of Appeal (CA 7)
• Motion to Stay (General Civil Motion): Use this motion to request that the court put the lockout on hold until your appeal is resolved.
  Example: A renter fills out the General Civil Motion form, explaining why a stay is needed, and checks the box for “stay pending appeal.”
  Download General Civil Motion Form

What Legislation Protects DC Renters?

Your rights during eviction and appeal are protected under the District of Columbia Code Title 42, Chapter 32: Rental Housing, and specific DC statutes on eviction and appeals.^[1][2]

Action Steps: How to Request a Stay of Sheriff Lockout Through Appeal

Here is a step-by-step outline for DC renters who need to stay a sheriff lockout by appealing:

• Obtain a copy of the Notice of Appeal (CA 7) and General Civil Motion forms from the DC Courts or online.
• Fill out and file both forms with the Landlord & Tenant Clerk's Office within 3 days of receiving the final judgment.
• Clearly explain, in your Motion to Stay, why immediate eviction would harm you, and that you intend to pursue the appeal in good faith.
• Pay the required fee or request to waive court costs if you cannot afford them.
• Attend any scheduled hearing about your motion, bringing all paperwork and evidence.
• If the stay is granted, keep a copy of the order for your records and present it to the U.S. Marshals on the day of scheduled lockout if necessary.

Filing quickly and correctly is vital—delays may result in lockout before your appeal is heard.

What Happens After You Request a Stay?

When you file for a stay of the writ, the court will usually schedule a hearing. If you win the stay, it will halt the sheriff's lockout while your appeal is active. However, you may be required to continue paying rent into a court escrow account during this period. If your stay is denied, the lockout may proceed as scheduled.

FAQ: Common Renter Questions on DC Eviction Appeals

1. How soon do I need to file my Notice of Appeal in DC?
   You must file your Notice of Appeal within three (3) calendar days of the judgment, including weekends and holidays.
2. Do I have to pay rent while my appeal is pending?
   Typically yes. The court will likely require you to pay ongoing rent into a court escrow until the appeal is resolved.
3. What if I can’t afford court fees to file a stay?
   You can apply for a fee waiver (Request to Proceed Without Prepayment of Costs, Fees, or Security).
4. Do I need a lawyer to file these forms?
   No, but legal assistance is highly recommended. Free or low-cost aid is available at the DC Landlord & Tenant Resource Center or through legal aid organizations.
5. Can the lockout happen while my Motion to Stay is pending?
   In most cases, the court will not allow a lockout to proceed if your stay motion is properly and promptly filed. However, always check with the clerk to confirm the status.

Conclusion: Key Takeaways for DC Renters

• DC renters can file for a stay of the sheriff lockout if they appeal an eviction judgment using official court forms.
• Deadlines are tight: forms must be filed within 3 days after judgment.
• Act quickly and seek out free legal resources to protect your housing rights.

Need Help? Resources for Renters

• DC Superior Court Landlord and Tenant Branch – Official information, scheduling, forms, and in-person support.
• Landlord & Tenant Resource Center – Free legal information and help filling out forms, no appointment needed.
• Legal Aid Society of the District of Columbia – Free legal assistance for eligible renters with eviction or housing cases.
• DC Rental Housing Law – Full legislation text

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1. District of Columbia Code Title 42, Chapter 32: Rental Housing
2. District of Columbia Code § 16-1501 et seq. – Eviction statutes

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