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Eviction for non-payment of rent

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magali

Junior Member
What is the name of your state (only U.S. law)? MA
There is an eviction in process, I went to court the tenant no showed because he was sleeping. The same day he went to the court house stating that he missed the motion because he was at the wrong court. Now the court wants me back so they could continue with the motion. The notice says "motion to stay execution of possession. Does it mean that the ruling of the judge is cancelled?
 


sandyclaus

Senior Member
What is the name of your state (only U.S. law)? MA
There is an eviction in process, I went to court the tenant no showed because he was sleeping. The same day he went to the court house stating that he missed the motion because he was at the wrong court. Now the court wants me back so they could continue with the motion. The notice says "motion to stay execution of possession. Does it mean that the ruling of the judge is cancelled?
Not necessarily.

The court is required to hear the tenant's motion argument to stay execution of possession. At that hearing, the tenant will have to have a very good reason for not showing up in court at the appointed time for trial. Being at the wrong court MIGHT give them that (unless it was an obvious oversight on their part). Sleeping in would NOT qualify as good reason.

How are you so sure they overslept? Can you prove it? If so, you might have to testify (just your opinion won't count). It would be so unusual that a tenant would lie in court to gain an advantage. Might just be that the tenant made up a frivolous motion to waste some time and stay longer. Doesn't mean it will work.

As said, unless the tenant can convince them they have a very good reason for not showing up, the judge will let your order of possession stand.
 

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