No. If your move-out agreement only says you may ask the court for a stay, the judge has to consider your request, but does not have to grant it. That is what the Appeals Court held in an unpublished decision under Rule 23.0, which courts may cite as persuasive but not as binding precedent.
What happened
In February 2023, the landlord served the tenant with a no-fault notice to quit that ended the tenancy on April 1, 2023. The landlord filed a summary process (eviction) case in the Housing Court in May 2023. In July 2023, the parties signed an agreement: the tenant would move out by April 1, 2024. The agreement also said that if she did not leave on time, she kept the right to ask the court for a stay, and the landlord kept the right to oppose it.
The tenant did not move out by the deadline. A first judge gave her extra time, on the condition that she keep paying use and occupancy and keep searching for housing. At a later hearing in June 2024, a second judge heard her request for ten more months, denied it, and entered judgment for possession for the landlord.
What the court decided
The Appeals Court affirmed in Phillips Street Greenfield Realty, LLC v. Kimplin, No. 24-P-1109 (Mass. App. Ct. February 5, 2026) (Rule 23.0 decision).
The tenant argued that the judge failed to enforce the agreement because he never asked the landlord whether it would agree to more time. The court disagreed. The agreement gave the tenant the right to request a stay, and she did. It gave the landlord the right to contest the request, and the landlord did. Nothing in the agreement required the judge to ask the landlord for its consent. The judge only had to consider the request, which he did.
At the hearing, the judge also explained why he would not extend the stay. In a no-fault eviction, G.L. c. 239, § 9 caps stays of judgment and execution at six months in total, or twelve months in total when the home is occupied by a person with a disability or a person 60 or older. The judge ruled that the statutory one-year stay period had already run, counting from the end of the tenancy in April 2023. The Appeals Court did not need to rule on that point.
The court added a practical note. When a tenant files a timely appeal after a judgment for the landlord, execution is generally stayed while the appeal is pending. Adjartey v. Central Div. of the Hous. Court Dep’t, 481 Mass. 830, 835-836 (2019); Mass. R. Civ. P. 62 (d). Because the appeal had kept the tenant in her home longer than the ten months she asked for, the court said her appeal would have been moot even if her reading of the agreement had been right.
What this means for you
Many eviction cases end in a written agreement. Those agreements often include a move-out date and a sentence about stays. Read that sentence closely. “You may request a stay” is not the same as “you will get a stay.” If the landlord also kept the right to oppose, the decision is up to the judge.
Also know the outer limit. In a no-fault case, the stay statute sets a cap. A judge may treat time you already had as counting against that cap. If you sign an agreement that gives you a long move-out period, you may be using up much of the extra time the law allows.
Finally, an agreement is a contract. Its words control. If you want a guaranteed extension, a specific number of days, or a right to reinstate your tenancy, it must be written into the agreement in plain terms. A general promise that you can ask for more time protects very little.
What to do now
- Before you sign any agreement in an eviction case, read every sentence about move-out dates, stays and what happens if you miss a deadline.
- If you need a firm extension, ask that the exact date and conditions be written in, instead of only a right to request a stay.
- Keep paying use and occupancy and keep written records of every housing search. Judges look at both when deciding whether to give more time.
- If you are 60 or older or have a disability, say so early. It can affect how much time the law allows.
- If a judge rules against you, ask a lawyer right away about appeal deadlines. They are short.
If this is your situation, call Doubleday Law at (617) 575-2006 or tell us what happened. Housing Court deadlines are short.
