Eviction Ban Doesn’t Preclude Attachment
Massachusetts Lawyers Weekly covered a recent Superior Court decision holding that despite the state’s eviction moratorium, a commercial landlord could attach its tenant’s assets to secure landlord’s claim for unpaid rent obligations during the COVID-19 pandemic. The article included commentary on the decision from Mintz Member Kelly Frey, who represents the commercial landlord in the case. He said: “The decision provides a ‘roadmap’ for landlords to pursue a remedy against a tenant that is ‘using the moratorium as a pretext to not pay rent despite having assets available.’” Notably, in a Mintz video from late May, Mr. Frey addressed what recourse landlords have to collect rent under the eviction moratorium, including attaching assets, which has now proved successful.
Source
Massachusetts Lawyers Weekly