and my income is slow to come in. Purely my fault, I am now late with rent. Today the judge granted possession of the apartment to the landlord. The landlord asked how long I have left in the apt and the judge said to speak with the clerk. So I am waiting to be served. I don't yet know how many days I have to be out.
Once I am served what is my next step? Do I file a stay of execution to ask for more time to move or do I file an appeal?
Real Estate Attorney
A judgment in a summary process action must be appealed by filing a notice of appeal with the court within 10 days of entry of the judgment. This will stay the issuance of the execution. There also may be various motions available to you. Otherwise, an execution issues 10 days after entry of the judgment. The court must issue the execution within 90 days of entry of the judgment. Once it is issued, an execution for possession remains valid for 90 days. Stays of execution are often available to some tenants in certain circumstances at the discretion of th ecourt by filing a motion, attending a hearing on that motion and making a case for being granted a stay. The maximum stay is typically 6 months (12 months if the tenant is elderly, disabled or handicapped) But, the tenant must pay for use and occupancy during the period of the stay.
This "answer" is for information purposes only and is not intended as legal advice or to create an attorney-client relationship.
Employment / Labor Attorney
You should have gotten an attorney in the first place; you may have waived multiple claims against the landlord. At this point your best bet is to talk to someone about an appeal.
Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.
Real Estate Attorney
Your only option left may be an appeal, and you should not delay in speaking to an attorney. You may be able to seek a stay of the execution, but only if you were not evicted for non-payment or other cause, and only if you are able to come up with the rent to stay. If you plan to appeal, reach out to an attorney who practices in the area of appeals immediately.
Christopher Vaughn-Martel is a Massachusetts lawyer with the firm of Vaughn-Martel Law in Boston, Massachusetts. All answers are based on Massachusetts law and the limited facts presented by the questioner. All answers are provided to the general public for educational purposes only and no attorney-client relationship is formed by providing an answer to a question. To schedule a consultation with a lawyer, and obtain advice and review of your specific legal issue, please call us today at 617-357-4898 or visit us at www.vaughnmartel.com.