Survey of State Laws Governing Continuances and Stays in Eviction Proceedings

Ryan P. Sullivan
University of Nebraska College of Law

The survey presented in this article (exhibit 1) contains both a cumulative and detailed account of the laws and rules of each state governing continuances, adjournments, and stays in residential eviction proceedings. The survey compares the laws of each state on several aspects, including the standard for obtaining a continuance, the allowable length of the continuance, whether a bond must be paid, and any other restriction or limitation placed on the party seeking to continue an eviction proceeding. The survey also includes a listing of state statutes that provide a residential tenant the right to redeem the property upon payment of rent prior to the execution of the judgment. The survey was developed as a resource for policymakers and housing advocates exploring opportunities to improve the laws in their state by providing easy access to the comparable laws enacted elsewhere. It is also intended as a resource for attorneys, legal services organizations, and housing counseling agencies or others practicing in the field of landlord-tenant law or policy.

The information used in developing this survey was obtained through an exhaustive review of each state’s relevant statutes and court rules, as well as a thorough review of appellate court opinions interpreting a relevant statute or providing guidance in the absence of statutory directive. The survey encompasses a review of each state’s laws, current through December 31, 2021.