How to Delay a Sheriff Lockout During Eviction Appeals in Massachusetts

If you're facing eviction in Massachusetts, you might worry about being locked out of your home by a sheriff. However, renters have rights, including the chance to appeal an eviction and, in some cases, delay or "stay" the lockout process. This guide explains how Massachusetts tenants can legally stay a sheriff lockout while an appeal is pending, including key forms, deadlines, and what to expect at each stage.

Understanding the Eviction and Lockout Process in Massachusetts

After an eviction case, if a judge rules against you, your landlord can get an "execution"—a court order allowing the sheriff or constable to remove you from the property. However, you are not required to move out immediately. Many renters are unaware that filing an appeal and requesting a "stay of execution" can legally pause a lockout while the appeal is considered.

Key Terms Explained

• Execution: The official court document letting the landlord (and sheriff/constable) remove a tenant after an eviction judgment.
• Stay of Execution: A court order that temporarily stops the sheriff from locking you out.
• Appeal: Asking a higher court to review (and possibly overturn) the eviction judgment.

How Can a Renter Stay a Sheriff Lockout During an Appeal?

If you appeal your eviction, you may be able to stop the lockout until your appeal is decided. This is not automatic—you must ask the court for a stay of execution.

Steps to Stay an Eviction Lockout in Massachusetts

• File a Notice of Appeal within 10 days of the eviction judgment.
• File a Motion to Stay Execution (sometimes called "Motion to Stay Writ of Execution") with the Housing Court or District/Trial Court judge.
• Attend a court hearing if scheduled and explain your situation.
• If granted, provide a copy of the stay order to the sheriff or constable.

Sometimes, the court may require you to pay rent into the court while the case is on appeal.

Official Massachusetts Housing Court Forms and How to Use Them

• Notice of Appeal (Form: No specific number)
  When/How Used: File this written notice with the court within 10 days after the eviction judgment if you believe the judge made a legal error.
  View information on filing a Notice of Appeal (Massachusetts Housing Court)
• Motion to Stay Execution (Form: No specific number)
  When/How Used: File this motion if you need more time before moving out due to the appeal or hardship. Clearly state your reasons and attach supporting documents if possible.
  Instructions for filing a motion (including Motion to Stay Execution)

Sample template motions and procedures are included on the Massachusetts Housing Court website.

What Happens After You File?

After you file a Notice of Appeal and a Motion to Stay Execution:

• The judge will review your request and may schedule a hearing.
• If the stay is granted, the sheriff or constable cannot remove you until the stay ends or your appeal is decided.
• If denied, the execution and lockout may proceed.

The Role of the Tribunal

In Massachusetts, the Housing Court and, for some cases, the District Court handle residential landlord-tenant disputes, eviction appeals, and stays of execution. These courts administer and enforce rules set out in Chapter 239 of the Massachusetts General Laws (Eviction Laws).¹

Important Deadlines and Tips

• You have only 10 days after an eviction judgment to file your appeal.
• File your stay motion as soon as possible—ideally, at the same time as your appeal.
• Keep copies of all documents and proof of filing.

Always act quickly: The window for staying a lockout is short, and missing deadlines could lead to losing your home before your case is reviewed.

FAQs: Staying a Lockout Through Appeals in Massachusetts

1. Can I stop a sheriff from evicting me by filing an appeal?
   Filing an appeal on its own does not automatically stop the sheriff. You must also file a Motion to Stay Execution and have it approved by the court.
2. Where can I get the right forms to stay my eviction?
   The Notice of Appeal and Motion to Stay Execution forms and instructions are available from the Housing Court website.
3. What if my Motion to Stay is denied?
   If denied, the sheriff or constable can proceed with the eviction as soon as the court order allows. Seek legal help right away.
4. How long does a stay of execution last?
   It depends on what the judge orders—some stays last until a set date, others until your appeal is fully decided.
5. Will I have to pay rent while my appeal is pending?
   Often, yes. The court may require you to pay future rent into the court while your appeal is ongoing.

Key Takeaways for Massachusetts Renters

• You may delay a sheriff lockout by promptly filing a Notice of Appeal and a Motion to Stay Execution in court.
• Meet all deadlines—especially the 10-day appeal limit—to protect your right to stay in your home.
• The Housing Court is the main authority handling these cases in Massachusetts.

Understanding your rights and acting quickly is the best way to advocate for yourself and buy time while your case is reviewed.

Need Help? Resources for Renters

• Massachusetts Housing Court — Official information and court locations
• How to Request a Stay of Execution — Step-by-step from Mass.gov
• MassLegalHelp: Eviction Timeline & Help — Renter-friendly guides
• To find free legal aid: Find Legal Help in Massachusetts

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1. See Massachusetts General Laws Chapter 239 (Eviction Proceedings)

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