I've been in a year long battle with my landlord in the courts for repairs, etc. Recently I changed jobs

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?

Springfield, MA -

Attorney Answers (3)

Jennifer L. DiCarlo

Jennifer L. DiCarlo

Landlord / Tenant Lawyer - Wakefield, MA
Answered

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... more
Erik Hammarlund

Erik Hammarlund

Real Estate Attorney - Vineyard Haven, MA
Answered

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... more
Christopher W. Vaughn-Martel

Christopher W. Vaughn-Martel

Family Law Attorney - Boston, MA
Answered

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.... more

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