Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (2019)

Citation: Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (2019)
Parent Document: Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (2019)
Jurisdiction: Massachusetts (state)
Effective Date: 2019-04-10
Original Source: https://www.courtlistener.com/opinion/7178223/adjartey-v-cent-div-of-the-hous... ↗

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Where a judgment enters in favor of the landlord after trial and **836the tenant files a notice of appeal, the tenant generally may not be evicted until the appeal is resolved because execution upon the judgment generally is stayed pending appeal.8 See Mass. R. Civ. P. 62 (d), 365 Mass. 829 (1974). However, a court may order that the tenant provide the court with an appeal bond payable to the landlord or pay a sum of money for the use and occupancy of the premises while the appeal is pending. See G. L. c. 239, §§ 5 - 6.9 In contrast, where a default judgment enters in favor of the landlord and the tenant files a motion for relief from that judgment under Mass. R. Civ. P. 60 (b), 365 Mass. 828 (1974), an appeal from the denial of that motion does not stay execution unless a separate motion to stay is allowed. See id. ("motion under [ Mass. R. Civ. P. 60 (b) ] does not affect the finality of a judgment or suspend its operation"); Mass. R. Civ. P. 62 (b), 365 Mass. 829 (1974) (court in its discretion may stay execution of judgment pending decision on motion for relief from judgment).

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