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Landlord tenant

Amesbury, MA |

my landlord got a exacution of stay on 1/12/2012. at the hearing it was exp[lained to mediation and the landlord that i had a court order from another judge that i was to stay away from such address. i told the landlord i couldnt get in the apt.he was told that if i couldnt get my stuff out.he would have to serve me by sherriff, and place my stuff in storage. he has removed my stuff without properly notifing me. he has my belongings in his work truck.outside of his employment.what should i do.im homeless and have no where to put my stuff.

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Attorney answers 2

Posted

It's not clear what you mean by an "execution of stay."

You cannot be evicted without a judgment of possession in favor of the landlord.

If you were still resident in the apartment, that judgment could be acted upon other than by a sheriff who would evict you according to the law (which, not incidentally, includes a provision mandating storage of some or all of your effects.)

If the landlord took it upon himself to move all of your things and take possession WITHOUT the assistance of a sheriff, he's probably made a serious and potentially costly mistake. You may be able to recover damages. You should contact a landlord/tenant attorney for a free consultation, and explain the details of your case.

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.

Posted

I think you may be referring to the fact that your landlord obtained an execution. A tenant in your circumstances would seek a stay or postponement of that execution under certain compelling circumstances such as disability in order to postpone removal by the sheriff. Even with an execution, a landlord cannot engage in self-help and must have you properly and legally removed, including the removal of your belongings, by a sheriff with the assistance of a licensed moving company. If your landlord has engaged in self-help and/or there are compelling reasons you should be granted additional time to vacate, you should seek immediate assistance of counsel and, at the very least, injunctive relief and/or file a motion for stay of execution. Often, especially if you are behind on your rent, you will have to pay your landlord immediately a sum determined by the court in order to postpone removal. Stay of the execution isn't automatic and a court may not consider your circumstances particularly compelling. If you have any questions, you should consult an attorney or legal services.

This "answer" is for information purposes only and is not intended as legal advice or to create an attorney-client relationship.