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Massachusetts - Unable to comply with Mediation, now what?


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#1 mikepep

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Posted 06 December 2012 - 06:15 PM

I was served an eviction by my current landlord. We reached an agreement in mediation that I would move out by December 10th. Unfortunately, the replacement house I rented has told me they won't be ready until January 1. What does this do to my timeline? Will the current landlord be able to enforce on December 11th? They have refused to give us additional time.

#2 pg1067

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Posted 07 December 2012 - 08:00 AM

Unless the agreement was contingent on this particular place being available, if you're not out as agreed, you will be subject to the consequences. You will need either to find a different permanent residence, make arrangements to store your belongings and stay in a hotel/motel for a few weeks, or suffer the financial consequences of not complying with your agreement.

#3 Guest_FindLaw_Amir_*

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Posted 07 December 2012 - 02:39 PM

Did the mediation agreement state anything regarding this matter?

#4 adjusterjack

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Posted 08 December 2012 - 02:31 PM

I was served an eviction by my current landlord. We reached an agreement in mediation that I would move out by December 10th. Unfortunately, the replacement house I rented has told me they won't be ready until January 1. What does this do to my timeline? Will the current landlord be able to enforce on December 11th? They have refused to give us additional time.


If you aren't out on the 10th, the LL will have to file for a writ of possession which will order the sheriff to put you out on the street. I have no idea how long that takes with your court but, trust me, you do not want to be there to have that happen because the sheriff isn't going to wait all day while you pack. He'll give you about 15 minutes to get your toothbrush and underwear and then arrest you if you aren't gone.

You've got the rest of the weekend and Monday to find a motel and a place to move your household stuff temporarily. I've had tenants move a whole houseful of furniture and belongings out overnight. You can do it, too.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.





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