I can't believe that this is true but by mother's landlord claims he can evict her just like any other person even though she is 79 years old. There must be some law in Massachusetts that prevents landlords from evicting senior citizens for no good reason. She's paid her rent every month on time for years and she never causes any problems. I don't know if it matters but the apartment she lives in is a three unit building and the landlord is not evicting the other tenants. He says he needs to evict my mother because he wants to gut the unit, renovate it and then let his niece move in. Thanks for any help.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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Evicting the elderly in MA
As far as I know, there is no Massachusetts law that prevents a landlord from evicting an elderly person. As hard as it seems for people in your mother's position, the law has to attempt to balance the protection of elderly people against the rights of property owners to use their property as they see fit. However, there is a law that offers her some extra time in situations, like this, where a senior is being evicted without cause.
Your mother does not have to move out until a judge issues an order giving possession of the apartment to the landlord. Before that happens, when your mother gets to court, she can ask the judge for a stay of judgment and execution. Any person who is being evicted can ask the judge for a stay of execution, but under Massachusetts General Laws Chapter 239, Section 9, disabled persons or those over the age of 60 can request a stay of up to 12 months. That amount of time should give your mom an opportunity to look around and either find a new apartment or consider alternate living arrangements, such as assisted living. Good luck.