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Can I still ask the court for a stay of execution?

  • Published: April 21, 2015

If the landlord decides to commence an eviction action because I will not pay the rent increase, even if I have no defense to the eviction, can I still ask the court for a stay of execution?

Yes. Where a tenancy has been terminated without fault of the tenant, the tenant may request a stay. As long as the tenant is paying the old contract rent, the landlord is not entitled to bring an eviction for nonpayment of rent.

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