Cal. Civ. Code § 10
Stay of proceedings; hearings
Operative Text
Section 10. Upon application for such a stay of proceedings, the court shall hear the parties, and if upon the hearing it appears that the premises of which possession is sought to be recovered are used for dwelling purposes; that the applicant cannot secure suitable premises for himself and his family elsewhere within the city or town in a neighborhood similar to that in which the premises occupied by him are situated; that he has used due and reasonable effort to secure such other premises; that his application is made in good faith and that he will abide by and comply with such terms and provisions as the court may prescribe; or that by reason of other facts such action will be warranted, the court may grant a stay as provided in the preceding section, on condition that the terms upon which such stay is granted be complied with. In any action to recover possession of premises occupied for dwelling purposes brought pursuant to this chapter in which a stay or stays of execution have been granted, by the court or by agreement of the parties, or in any such action where there is an agreement for judgment that grants the tenant a right to reinstate the tenancy, no execution shall issue prior to the expiration of the period of such stay or stays or such reinstatement period unless the plaintiff shall first bring a motion for the issuance of the execution and the court after a hearing shall determine that the tenant or occupant is in substantial violation of a material term or condition of the stay or a material term of the agreement for judgment.
Mass. Gen. Laws c. 239 § 10 establishes a two-part framework governing stays of eviction proceedings in Massachusetts. First, it sets out the factors a court weighs when deciding whether to grant a stay in a residential eviction case, including whether the tenant has genuinely tried to find comparable housing elsewhere and whether the application is made in good faith. Second, it limits when a landlord can obtain an execution (the court order that enforces a judgment for possession) during an active stay or reinstatement period, requiring a court hearing and a finding of substantial violation of a material term before execution can issue early.
Plain English — not legal advice.
Under Mass. Gen. Laws c. 239 § 10, a landlord who has obtained a judgment for possession in a residential eviction case cannot simply proceed to execution while a court-ordered or agreed-upon stay is in effect. Compliant operators generally track the specific terms and conditions attached to any stay or agreement for judgment, document any tenant conduct they believe constitutes a material violation, and file a formal motion with the court before seeking early issuance of an execution. Because the statute requires a hearing and a judicial finding of substantial violation before execution can issue ahead of schedule, landlords typically maintain clear records of the agreed terms and any alleged breaches to present at such a hearing.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mass. Gen. Laws c. 239 § 10 gives residential tenants facing eviction the right to apply for a stay of proceedings by demonstrating to the court factors such as the inability to find comparable housing in the same neighborhood despite reasonable efforts and good faith in making the application. Importantly, even after a judgment has entered, the statute protects tenants from execution issuing early during an active stay or reinstatement period unless the landlord first brings a motion and the court finds a substantial violation of a material term. Tenants who believe a landlord is attempting to enforce an execution in violation of these protections may raise the statute as a defense in court, and consulting a local tenant-rights organization or legal aid office familiar with c. 239 § 10 can help clarify available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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