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) 7.
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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7. Execution. If the court finds that the landlord is entitled to possession of the property and that the tenant can therefore be evicted, judgment shall issue in the landlord's favor. G. L. c. 239, § 3. Then, if the tenant has not appealed from the judgment within the ten-day period for appeal, an eviction order (execution) shall issue upon the landlord's application, so long as the landlord applies for the eviction order within three months of the judgment.22 See id.; G. L. c. 235, § 23 ("Executions for possession of premises rented or leased for dwelling purposes obtained in actions pursuant to [G. L. c. 239] shall not be issued later than three months following the date of judgment, except that any period during which execution was stayed ... shall be excluded from the computation ..."); Rule 13 & commentary of the Uniform Summary Process Rules & Commentary (1980). Once an execution order has issued, a sheriff or constable can serve the tenant with forty-eight hours' notice of eviction. G. L. c. 239, § 3. This notice must inform the tenant that, if he or she does not move out by a certain date and time, the officer will physically remove the tenant -- as well as his or her possessions -- from the premises.

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