There are few problems more irksome for a residential landlord than a problem tenant who defies the legal process. If you’ve gone through the trouble of securing a judgment for eviction, you may think you’ve finally resolved this crisis, but still the tenant refuses to vacate. The temptation to remove the tenant yourself can be great, but resorting to “self-help” in Massachusetts is illegal. You’ve still got to stick to the process and secure an “execution.”
At the Law Office of Vesper Gibbs Barnes & Associates, we guide residential landlords through every step of the eviction process. When you rely on our advice, you can avoid costly missteps in the final stages of the process and reclaim the premises.
If the court finds in your favor, there is a 10-day period during which the tenant can appeal. If there is no appeal, and the tenant continues to occupy the premises, the court issues you an execution. This is a court order permitting the sheriff or constable to physically remove the tenant and his property from the premises.
In practice, a constable usually gives the tenant two days’ written notice of the removal. If the tenant is still occupying the premises, the constable can enter and remove belongings according to state law. Unfortunately, you may have to pay to store the items for a brief period.
The constable can give the tenant more time to relocate if there is reason to believe this will make the transition easier and it will save you expenses. However, your execution is only valid for three months, so you must conclude activity within the period.
Getting a final resolution to an eviction can be complex. Our landlord tenant lawyers have the knowledge and experience to guide you through each step, so you can have peace of mind and positive results.
The Law Office of Vesper Gibbs Barnes & Associates P.C. helps landlords in Boston take decisive steps to reclaim premises from problem tenants without placing themselves on the wrong side of the law. Call us today at 617-861-8553 or contact our Roxbury office online. Our firm serves clients throughout Boston, as well as Suffolk and the surrounding counties.