By Jeffrey C. Turk, Esq.
We all know the old saying, “no good deed goes unpunished”. A recent Massachusetts Appeals Court decision has again shown this adage to be true, especially in property management! Specifically, the Appeals Court recently held that that if a landlord holds an execution for possession beyond the 90 days permitted by statute, the execution is null and void and cannot be extended.
As a reminder, an “execution” is the legal document which the court issues to authorize the sheriff or constable to physically remove a tenant at the end of an eviction case. The Massachusetts eviction statute (the “Statute”) provides that such an execution is only good for 90 days. While the Statute is clear as to this time frame, it is not uncommon for owners to hold an execution while they attempt to work with the tenant. Often, an owner may want to give a tenant a chance to pay the rent or resolve their lease violation. In such circumstances, the landlord may elect to hold the execution and take a “wait and see” approach. In the past, courts have also, in some cases, agreed to re-issue executions based on the landlord’s efforts to work with the tenant. Unfortunately, the Appeals Court has now confirmed that once the 90 days pass, the execution is no longer valid and cannot be extended by the Court. Even if the landlord had a good reason to delay or was working to help the tenant, the 90-day deadline is absolute.
The lesson here is clear…don’t hold executions! Once the Court finally issues the execution, you should either schedule the levy with the constable OR, if you want to work with the tenant, have the tenant sign a court ordered agreement with the execution being returned to the court and re-issued in the event of a violation. You can still do your “good deed” by working with the tenant to maintain their housing and signing a court enforceable agreement. However, simply holding the execution, rather than entering into a formal agreement with the court, can now have serious consequences if the execution expires and you are forced to re-file your case and start over. Don’t let your good deed lead to a bad result and further delay and already delayed process.
The foregoing is for informational purposes only and should not be considered legal advice.
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