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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If, however, the tenant pays and the landlord accepts in full the underlying money judgment for nonpayment of rent in rented or leased residential premises, as well as any use and occupancy payments, "the [landlord] shall be barred from levying on any execution for possession that has issued" or, if no execution has issued yet, "the [landlord] shall notify the court of the satisfaction of judgment and no execution shall issue thereafter." G. L. c. 239, § 3. Under such circumstances, "the [tenant] shall be considered a lawful tenant." Id. The landlord, however, "shall not be required to accept full satisfaction of the money judgment." Id. If the landlord refuses to accept payment, the eviction can go forward. See id. (landlord's refusal to accept satisfaction of money judgment "shall not be a bar to the enforcement of said judgment in any lawful manner").

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