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Nov 19 2012

If I am moved out pursuant to a court’s execution, do my belongings go out into the street?

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No. Constables will store the property in a licensed storage facility. That facility must keep the belongings for at least six (6) months. Whatever licensed storage facility which accepts your property will have an automatic lien on it for reasonable storage fees and expenses of removing it to the place of storage. It has been the custom in Massachusetts for a period of time for the landlord to pay in advance, the moving expenses and three (3) months storage in advance. Where this occurs, there is no lien on the property for that period. The landlord can sue the tenant for the cost of the eviction. If you the tenant, the owner of such personal property are present when the officer removes it, you may claim it to prevent the belongings from being removed to the storage facility. There is another method by which the belongings can be seized by the officer when the eviction is executed, but this method is seldom, if every utilized.

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