How Many Days Do You Have To Vacate After Eviction?

The vacate timeline kicks in once a sheriff (or marshal) serves the writ of possession that follows an eviction judgment; the move‑out deadline is dictated by state statutes or local court rules, not a federal standard. California typically allows three days, Texas often mandates 24 - 48 hours, Florida requires 24 hours after service, and New York commonly grants up to 14 days, while other states fall somewhere in between.

Failing to meet that deadline can trigger contempt findings, lock‑out orders, or additional fees, and only a court‑issued extension can legally postpone the date. For exact numbers in your jurisdiction, see the state‑by‑state eviction writ guide before the next section dives deeper into those variations.

• The move-out deadline after an eviction judgment usually ranges from 5 to 14 calendar days, but each state sets its own exact period.
• Some jurisdictions permit a shorter five‑day window, while others grant up to two weeks before the writ of possession takes effect.
• Filing an appeal does **not** automatically pause the deadline; the tenant must secure a court‑issued stay of execution, otherwise the original timeline remains enforceable. (how to request a stay of eviction)
• Until a stay is granted, the landlord may schedule the sheriff's lockout as soon as the statutory vacate period expires.
• Missing the deadline - even by a single day - opens the door to immediate possession enforcement and additional penalties.

Texas tenants often face the tightest move‑out deadline. After a landlord serves a writ of possession, state law demands at least a 24‑hour notice before the eviction can be executed Tex. Prop. Code § 24.0058. The clock starts the moment the writ is delivered, leaving little room for packing.

New York renters typically receive a longer window. Housing court rules, codified in Civil Practice Law & Rules §§ 702‑711, usually grant a 14‑day period after the issuance of a warrant of eviction NY CPLR §§ 702‑711. Extensions may be granted, but the baseline period stretches well beyond the single‑day notice seen in Texas.

Your exact move‑out date equals the deadline that starts the moment you are personally served with the writ of possession (or official notice to vacate) plus the statutory period your state mandates.

1. Find the service date. Check the stamped copy of the writ or notice; the date stamped 'served' is the clock's start point.
2. Determine the state‑specific period. Most jurisdictions require 3 to 14 calendar days after service; a handful allow up to 30 days, but 48‑hour notices are not a standard rule.
3. Add the days. Count forward from the service date, including weekends and holidays unless your state expressly excludes them. The resulting calendar day is the day you must vacate.

(These steps assume no pending appeal; see the 'appeal for extra vacate days' section for that scenario.)

This guidance is informational, not legal advice.

Tenants secure extra vacate days by filing a motion for an extension with the court that issued the eviction judgment. The motion must explain why the original timeline is unfeasible and attach supporting documents such as proof of relocation delays, medical records, or military orders. Courts consider the request, the landlord's response, and state‑specific statutes before deciding.

• Submit the motion before the current move‑out deadline; late filings rarely succeed.
• Include a concise statement of need (e.g., pending repair, job loss, hospitalization).
• Attach verifiable evidence: lease‑termination notice, employer letter, doctor's note, or active‑duty military paperwork.
• Serve a copy on the landlord and file a proof of service with the clerk.
• Request a hearing if the landlord opposes; be prepared to answer the judge's questions succinctly.
• Check local rules; some states require a statutory form or limit extensions to 30 days.
• Review how to request an eviction extension for template language and filing fees.

If the judge grants the extension, the new move‑out deadline replaces the original timeline, otherwise, the original deadline remains enforceable, leading to the penalties outlined in the overstay penalties section.

Staying past the move-out deadline triggers concrete penalties. Courts often assess a daily fine that stacks onto any unpaid rent, turning a short overstay into a steep bill. Landlords may file a contempt motion, which adds attorney fees and court costs to the tenant's tab. A writ of possession can be issued, authorizing law‑enforcement removal of belongings and possibly a lock change. Credit reports frequently note the eviction, hampering future housing applications.

State statutes dictate the exact amounts, so penalties differ across the country; some jurisdictions cap daily fines at $25, others allow larger sums tied to the rent amount. Those penalties compound with the costs already discussed in the vacate timeline section, making prompt compliance vital. The next segment explores how rent‑controlled units modify these deadlines, but remember this overview is for information only, not legal counsel.

Rent‑controlled status doesn't create a separate vacate timeline; the move‑out deadline follows the same eviction‑judgment schedule that applies to any tenancy, though local rent‑control statutes may add procedural steps before the judgment is issued.

New York City tenants in rent‑stabilized apartments receive the standard 30‑day vacancy after a notice‑to‑quit, or 10 days after a default judgment, even though landlords must first serve a rent‑stabilization notice (NYC rent‑stabilization rules). Los Angeles' just‑cause ordinance similarly requires a hearing, but once a judgment is entered the tenant generally has 30 days to leave.

In jurisdictions without rent control, such as Florida, no additional time is granted. As covered earlier, always check the specific eviction order for the exact deadline.

Military tenants may extend their vacate timeline by invoking the Servicemembers Civil Relief Act (SCRA), which obligates courts to consider a written stay request once deployment orders show service materially hampers compliance with an eviction judgment. Courts can grant a stay for any period justice requires - often 30 to 90 days - but no statutory minimum exists; for pre‑judgment eviction proceedings, §395 permits stays up to 90 days if hardship is demonstrated. State courts may differ in processing speed, so act promptly after receiving the eviction judgment.

• Submit a written request to the landlord and court, attaching official deployment orders and a brief statement of hardship.
• Cite the SCRA's stay provisions and, when relevant, Section 395's 90‑day limit.
• Expect the court to issue a stay ranging from a few weeks to several months, based on the service‑related impact.
• If the stay is denied, consider filing an appeal or requesting a modification, providing additional evidence of the service disruption.
• Remember that the stay merely pauses the eviction timeline; any rent owed during the stay remains due unless the landlord agrees otherwise.

Courts may grant a stay or extend the move‑out deadline when a minor lives in the unit, but no state imposes a uniform extra‑days rule; the vacate timeline remains set by the judgment unless a judge orders otherwise.

The Fair Housing Act bars discrimination based on familial status, so landlords cannot issue a shorter notice solely because children are present. Some jurisdictions - California, for example - allow hardship extensions if eviction would cause undue harm to a family, yet the extension length varies case‑by‑case. HUD mandates 14‑ to 30‑day termination notices for public‑housing residents and requires fair treatment of families, but it does not automatically add a 30‑day post‑judgment grace period (Fair Housing Act overview).

Consult local legal‑aid services to file a motion for a stay, present school enrollment or childcare documentation, and verify any state‑specific statutes that might lengthen the deadline. The upcoming holiday‑season section explains how seasonal court schedules can further stretch the deadline.

When an eviction judgment falls on a court‑observed holiday, the move‑out deadline moves to the next business day.

What that looks like in practice:

• Each jurisdiction publishes its own holiday calendar; only dates listed by the court trigger a shift.
• The deadline extends by however many non‑business days the court is closed - one day for a single holiday, several for a multi‑day break.
• A stay of execution is not handed out automatically; the tenant must petition the judge, and approval is discretionary.
• No jurisdiction guarantees a uniform five‑ to ten‑day buffer; extensions depend entirely on the local court schedule.

Because holiday postponements vary widely, many renters explore pandemic‑era rules for extra time, as discussed in the next section.

Pandemic rules did buy tenants extra days, but the boost came from a patchwork of federal, state, and court actions rather than a single blanket extension. The CDC eviction moratorium, for example, halted most non‑payment evictions for tenants who filed a hardship declaration and forced landlords to give 30 days' notice before filing a new case; it did not automatically stretch the move‑out deadline after an eviction judgment had already been entered (see CDC eviction moratorium order).

Many states filled that gap with temporary rules - California courts stayed judgments and added a 30‑day vacate timeline, New York's emergency ordinance granted a similar grace period, while Florida left timelines unchanged. Local courts sometimes issued stays that effectively paused the eviction judgment, giving tenants a few weeks to pack. Because each jurisdiction handled the pandemic differently, checking current state or municipal guidance remains essential, as we noted in the state‑variations section, before moving on to the quick‑pack tips.

Rapidly organize belongings to meet the move‑out deadline set by the eviction judgment.

• Prioritize essentials - documents, medication, keys - in a clearly labeled bag for immediate access.
• Disassemble furniture while packing; keep screws and hardware in zip‑top bags taped to each piece.
• Label every box with room and contents; add colored stickers to flag fragile items.
• Load the truck in reverse order of the new layout; place heavy items first, then lighter boxes on top.
• Photograph the unit before sealing doors; creates proof if condition disputes arise.
• Notify utility providers of the exact move‑out date; schedule final readings to avoid late fees.