My mother is probably disabled but definitely elderly because she is 74. The landlord is evicting her for non payment of rent and I was wondering if there are any special rules for eviction of elderly or disabled people in Massachusetts. Such as if she might be able to stay longer because of her age.
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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 elderly or disabled
If your mother was being evicted for no fault of her own (paid up rent, etc.), then she could ask the judge for a stay of judgment and execution. Anyone can make this type of request, but under Massachusetts General Laws Chapter 239, Section 9, a disabled person or person over the age of 60 can request a stay of up to 12 months.
Obviously, this route is not available to your mother, because she is being evicted for non-payment of rent. However, the landlord may be willing to make accommodation if she can get the money together to pay the rent. Unless, your mother is moving into your house or into a nursing home, she needs a place to stay. You should help her work with the landlord and the housing specialist at the housing court to find a solution. Even if she cannot work out a solution, judges at the housing court are usually pretty accommodating when giving tenants a bit of time to move out, especially when an elderly person is involved. For more general information about the eviction process, visit our MA Landlord and Tenant Discussion Forum. Good luck.