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.
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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.
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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.Ask a similar question