How to Stay a Sheriff Lockout During Eviction Appeals in Maine

If you're facing eviction in Maine and worried about an impending sheriff lockout, it's important to know your rights and options. Maine law allows renters to request a delay (known as a "stay") of the eviction while an appeal is underway. Understanding the process and the required court forms can help you protect your housing during this stressful time.

What is a Sheriff Lockout in Maine?

After a court grants your landlord an eviction (called a "Judgment for Possession"), the landlord can ask the local sheriff to remove you from your home. This is known as a sheriff lockout or a Writ of Possession being executed. You usually have 7 days from the judgment before the lockout can happen.^[1]

Can a Sheriff Lockout Be Delayed When Appealing?

Yes. If you appeal an eviction order in Maine, the eviction (and sheriff lockout) generally goes forward unless you specifically request a stay from the court. A "stay" is a legal order that temporarily halts the eviction while your appeal is being considered.^[2]

Who Handles Eviction Appeals in Maine?

Most eviction cases in Maine go through the Maine District Court. Appeals are typically filed with this court, and the rules around stays are found in both state law and Maine Rules of Civil Procedure, Rule 76D.

How to Request a Stay of Eviction Pending Appeal

To stay a sheriff lockout while your appeal is pending, you must:

• File an appeal with the court within the legal time limit (typically within 7 days of judgment)
• Submit a formal written request (motion) for stay of the eviction
• In some cases, you may need to pay "use and occupancy" (an amount set by the court) while your appeal is ongoing

Key Court Forms for Maine Renters

• Notice of Appeal (PA-004)
  When to use: If you want to appeal an eviction judgment. Must be filed with the District Court clerk within 7 days of the judgment.
  Example: After losing your eviction case, you file the Notice of Appeal to try to get a higher court's review. Maine Judicial Branch: Notice of Appeal
• Motion to Stay Judgment Pending Appeal (PA-021)
  When to use: If you've filed an appeal and want to pause the eviction during the appeal process.
  Example: You file a Motion to Stay immediately after appealing so the sheriff cannot remove you until your appeal is resolved. Maine Judicial Branch: Motion to Stay Judgment

What Happens Next?

The court will review your Motion to Stay and may set conditions, such as continued rent payment into the court. If the stay is granted, the lockout is delayed until the appeal is decided. If denied, the sheriff can proceed with eviction.

Summary: Steps to Stay a Sheriff Lockout in Maine

• Appeal within 7 days of the eviction judgment using the appropriate Notice of Appeal form.
• File a Motion to Stay Judgment Pending Appeal right away.
• Be prepared to pay "use and occupancy" if the court requires.
• Watch for a court decision on your stay request; follow any instructions or deadlines carefully.

Always keep copies of all paperwork and proof of any payments related to your appeal or stay request.

Frequently Asked Questions

1. Can I be locked out while my eviction appeal is pending in Maine?
   If you only file an appeal and do not file a Motion to Stay, the sheriff lockout may still proceed. Be sure to request a stay to pause the lockout while your appeal is considered.
2. How soon after the eviction judgment do I need to act?
   You must file your appeal and Motion to Stay within 7 days of the eviction judgment to maximize your chances of stopping the lockout.
3. Do I have to continue paying rent during my appeal?
   The court can require you to pay "use and occupancy," which is usually the monthly rent, to remain in the rental while your appeal is pending.
4. Can I get legal help with my stay motion?
   Yes, organizations like Pine Tree Legal Assistance and the court's self-help resources may assist with eviction appeals or stays.
5. Where can I find the official forms and more guidance?
   Official court forms and instructions are available from the Maine Judicial Branch forms page and your local district court.

Conclusion: Key Takeaways for Maine Renters

• A sheriff lockout after eviction can be delayed by filing both an appeal and a Motion to Stay Judgment Pending Appeal promptly.
• Use the official Maine court forms, and follow all instructions carefully to protect your rights.
• Seek help from legal assistance programs if needed, and communicate with the court about any deadlines or required payments.

Need Help? Resources for Renters

• Maine District Court Locator – To find your local court or file forms.
• Maine Court Forms & Guides – Access Notice of Appeal, Motion to Stay, and more.
• Pine Tree Legal Assistance – Free legal help and tenant guides for renters facing eviction.
• MaineHousing Renter Legal Rights – State information on tenant and eviction rights.

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1. Maine Revised Statutes, Title 14 §6002: Forcible Entry and Detainer
2. Maine Rules of Civil Procedure, Rule 76D

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