Goldman & Pease, LLC recently secured possession of a residential unit on behalf of a landlord client after extensive eviction litigation in the Eastern Court.
The matter arose after the tenant obtained the tenancy through material misrepresentations on her rental application, including the concealment of three prior Housing Court actions for nonpayment of rent. During the proceedings, evidence demonstrated that the tenant also submitted falsified financial documents, including fabricated pay stubs and an employment agreement, falsely representing annual income in excess of $250,000 over a three-year period.
Throughout the case, our firm successfully prosecuted the summary process eviction action for non-payment of rent and defended against three separate post-Judgment Motions to Stay Execution, each of which sought to delay enforcement of the judgment for possession. The Housing Court denied each motion, allowing the execution for possession to remain in full force and effect.
Following the issuance of the execution, our office coordinated the enforcement process in full compliance with Massachusetts law, including:
- Service of the required 48-hour notice by a licensed constable;
- Changing of the locks to the unit by a locksmith;
- Lawful removal and storage of the tenant’s personal property as required by statute;
- Posting of a No Trespass Letter pursuant to M.G.L. c. 266, § 120;
As a result of these efforts, our client regained lawful possession of the unit and was able to mitigate further financial loss.
This case highlights Goldman & Pease, LLC’s experience in handling complex eviction matters involving fraud, repeated post-judgment motions, and attempts by the tenant to delay the Landlord in obtaining possession, while ensuring strict adherence to Housing Court procedures and statutory obligations.
