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MIAMILAW1127
MIAMILAW1127, Lawyer
Category: Legal
Satisfied Customers: 748
Experience:  Founding Partner at Moises Law, P.A.
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I received a judgement of summary process by default

Customer Question

I received a judgement of summary process by default notification from the court dated10/10/15 and a letter from my landlord stating that they had obtained an "execution for eviction" from the court. I received no other paperwork regarding a court date etc... Sept rent and Oct rent are paid in full. Nov rent, I owe a balance as of today of $900 (rent 2019.00 + 200 legal fees). I asked the landlord (AIMCO) to give me until the 22nd to remit balance of $900. waiting on response but am clearly stressed. What are my options. I would like the execution dissolved and extension until 11/22. thank you! State = MA
Submitted: 1 year ago.
Category: Legal
Expert:  MIAMILAW1127 replied 1 year ago.

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Expert:  MIAMILAW1127 replied 1 year ago.

In order for you to be evicted by AIMCO, the following steps would have had to occur:

1. Before a landlord can evict you, she must properly notify you that she is ending or terminating your tenancy. To do this, a landlord must give you a written notice called a notice to quit. The notice to quit will tell you that your tenancy is expiring on a certain date. You should check your lease agreement to see if your landlord provided you with the appropriate time for the notice. If your landlord accepts rent after sending you a notice to quit, the acceptance of rent may result in the creation of a new tenancy at will.

2. A landlord cannot begin an eviction case in court until after you receive a proper notice to quit and the time period on the notice has completely passed. If the first notice you get that a landlord wants to evict you is a court summons and complaint for a summary process case, you may have only a week or so to respond to the court.

3. If you fail to respond to the summons and complaint, the landlord will receive a judgment in their favor due to a default on your end. At this point, the only defense you may have in the case is to prove that you were never served with any of the required documentation prior to the landlord bringing the action.

You're best bet may be to simply work with the landlord to get the extension until the 22nd. They may be obligated to do so if they accepted the partial payment of the rent for the month of November.

Please see the following link for more information: http://www.masslegalhelp.org/housing/legal-tactics1/chapter13-evictions.pdf

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