Legal Question in Real Estate Law in Massachusetts

Eviction During Inclement Weather

I would like to know under what circumstances housing court allow for "Stays" of Eviction? We have been through the entire court procedure and have 30 to find a new place and move. However, since winter is rapidly approaching, I wondered if we could offer "use and occupancy" in order to adequately have time to find a suitable place and move? And does Masschusetts law say we have to move with the cold weather approaching with two children?

Thanks for any insight you may be able to provide.


Asked on 10/29/00, 6:15 pm

1 Answer from Attorneys
Stuart Williams

Re: Eviction During Inclement Weather

Bad time to seek the advice of a lawyer, after you've already lost the case and gotten a mere 30 days more to stay! Especially now that you've let pass the period of time in which you could have appealed the decision!

When are your 30 days up?

Call a lawyer, still, and see if that lawyer can negotiate a further stay with you. Executions (orders for you to be put out) are not normally something the landlords are even allowed to just keep in their back pockets until they really need them; they have to either use 'em or lose 'em and if they lose one they have to start the long and slow eviction process all over again.

Why were you evicted? Do you owe back rent? Do you have it to pay? It will probably take a lawyer to negotiate any further stay of execution, and then only if the landlord is at some level actually willing.

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Answered on 11/16/00, 12:37 am


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