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Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 99450
Experience:  Attorney
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I am wondering if I can file an emergency motion to stay

Customer Question

I am wondering if I can file an emergency motion to stay writ of possession in texas? I won't have the one month's rent to place into the court system until Weds but it is due today by 5 and wondering could the writ, which would be issued tomorrow morning, but stayed until then?
Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  NYFamilyAttorney replied 4 months ago.
Hello. I’m a licensed attorney with 36 years’ experience. I specialize in family law and appeals, and I have many years’ experience with landlord-tenant issues, employment and contract law. I also have written hundreds of legal articles. I look forward to helping you today. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site.

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Expert:  NYFamilyAttorney replied 4 months ago.

In general, a court doesn't grant a stay of execution unless the tenant can pay all current and delinquent rent to the court when filing the request. You could run the risk if you pay only a portion of it, that the court would deny the stay and then turn over the amount paid to the landlord if he has gotten a money judgment as well. Then you would be evicted as well as have lost any money you could use to move.

There is no guarantee it will be granted, but it might be better to file without paying and also request a hearing. Then at the hearing you can see if you can negotiate a payment agreement by paying a lump sum and working out a plan for the rest of the money with the judge's help.

If you really want to stay in this apartment and you will have the money on Weds, it is possible a judge would consider a stay for a few days in order to let you get the rent deposited.

If you are able to consult a landlord-tenant attorney, I would advise that to have an an advantage in court by using a lawyer IF your hearing is granted. In the meantime, since you are running out of time, there are forms you can get online from private companies and probably also from the TX court website that can be used for a motion for a stay of possession.

There's not enough time to find an attorney for this but you may be able to call the court clerk and see if they can direct you to the form for a motion. If not, follow the court website or use a private company (such as Rocket Lawyer) to create a motion for a stay in TX. You can always try getting a lawyer if you are granted a hearing. If you need help getting a landlord-tenant attorney, I'd just need to know the name of the biggest town or city in your area and I'd be happy to find a landlord-tenant attorney for you if you get a chance to have a hearing.

Does this answer your question? I am more than happy to answer additional questions based on this one if you want.

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Customer: replied 4 months ago.
Didn't really answer my question or tell me anything I didn't already know. Not helpful
Expert:  Ely replied 4 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Your previous expert has opted out and I have opted in.

With all due respect to the previous expert, while it is technically possible to file the Motion to Stay, it will likely be a waste of time. In landlord/tenant cases, the Court will normally not stay a Writ of Possession unless (a) the tenant has paid the bond, or, (b) there is another extraordinary circumstance. Period. There are really no other exceptions.

So honestly, it it possible, but unlikely to be granted.

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