If my landlord got an execution of a writ of possession by not a monetary judgement and I appeal, will I be able to stay in my residence until the appeal is heard?

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If my landlord got an execution of a writ of possession by not a monetary judgement and I appeal, will I be able to stay in my residence until the appeal is heard?

Asked on April 10, 2012 under Real Estate Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

What you want to do is to stay the writ and an appeal may not do that automatically.  You would need to bring an order to show cause to stay execution of the writ and allow you time to figure out if you can appeal legally I mean; you need legal grounds.  Try seeking help from a tenant's rights organization.  Good luck.


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