Cal. Civ. Code § 11
Stay of proceedings; deposit of applicant
Operative Text
Section 11. Such stay shall be granted and continue effective only upon the condition that the applicant shall make a deposit in court of the entire amount, or such instalments thereof from time to time, as the court may direct, for the occupation of the premises for the period of the stay, at the rate to which he was liable as rent for the month immediately prior to the expiration of his term or tenancy plus such additional amount, if any, as the court may determine to be reasonable. The deposit shall also include all rent unpaid prior to the period of the stay. The amount of the deposit shall be determined by the court at the hearing upon the application for the stay, and such determination shall be final and conclusive in respect only to the amount of the deposit, and the amount thereof shall be paid into court, in such manner and in such instalments, if any, as the court may direct. A separate account shall be kept of the amount to the credit of each proceeding, and all such payments shall be deposited by the clerk of the court, and paid over to the landlord or his duly authorized agent, in accordance with the terms of the stay or the further order of the court.
Under Mass. Gen. Laws c. 239 § 11, a court-ordered stay of eviction proceedings does not take effect for free — it is conditioned on the tenant depositing money with the court to cover the cost of occupying the premises during the stay period. The deposit amount is calculated at the rental rate from the month just before the tenancy ended, plus any reasonable additional amount the court sets, and must also include any rent that was already unpaid before the stay began. The court determines the deposit amount at the stay hearing, and that determination is final as to the deposit figure; funds are held in a separate account by the court clerk and ultimately paid over to the landlord according to the stay's terms or further court order.
Plain English — not legal advice.
Under Mass. Gen. Laws c. 239 § 11, landlords involved in a stayed summary process action can expect that any court-granted stay requires the tenant to deposit funds covering the occupation period, including a base rate tied to the last month's rent before the tenancy expired and any previously unpaid rent. Compliant operators typically monitor the court's deposit directives and confirm that payments are being made into the court account as ordered, since the stay's continuation depends on those deposits. Landlords or their duly authorized agents are entitled to receive those deposited funds in accordance with the court's order, so maintaining clear records of rent owed and paid is a practical part of managing a stayed proceeding.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Mass. Gen. Laws c. 239 § 11, a tenant seeking a stay of eviction proceedings should understand that the stay is conditioned on depositing funds with the court — covering both the occupation period during the stay and any rent that was unpaid beforehand — at a rate the court sets at the stay hearing. The court's determination of the deposit amount is final with respect to that figure, and payments must be made in the manner and installments the court directs, so understanding the court's specific payment schedule is important for keeping the stay in effect. Tenants who have questions about how the deposit is calculated or how to comply with the court's payment directives may find it helpful to consult a tenant-rights organization or legal aid provider familiar with Massachusetts summary process proceedings.
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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