Legal Question in Real Estate Law in Massachusetts

eviction

When we went to court on an eviction the landlord and I came to an agreement on when I would move out, but the landlord lied just so I would agree and now I have only two weeks left and I need more time. I want to know what I need to do so I will be able to tell the judge the whole situation about why I agreed to move out on 11/15.can you please help me? I don't owe any back rent I am being evicted because the landlord sold the house and I have been here 10 years.


Asked on 11/01/02, 2:29 pm

1 Answer from Attorneys

Robert Trant Law Office of Robert R. Trant

Re: eviction

You could certainly file a motion with the court to request the judge to stay the issuance of the execution for possession for a period of time. However, these motions are generally denied since the court does not have the power to unilaterally amend an agreement for judgment. If the landlord has abided by the terms of the agreement for judgment then the courts will generally enforce the agreement. I am not sure what lies the landlord told to get you to sign the agreement.

Another option is to ask the landlord for more time to move since the landlord will have to incur additional costs to remove you from the apartment if you fail to vacate voluntarily. Assuming you do not move out by the date specified and the landlord obtains the court order to remove you, the landlord will have to pay the moving costs associated with removing your belongings from the apartment and constable fees to serve the 48 hour notice. This can cost $1,000 or more depending on the size of the apartment. Often times a landlord faced with having to pay additional costs will allow the tenant a little additional time if the tenant agrees to move voluntarily. If the landlord does agree, you should enter into a new agreement and have it filed in the court. This will protect you against the landlord saying one thing and doing another.

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Answered on 11/01/02, 2:53 pm


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