reglab/housing_qa huggingface dataset:
MA Gen L ch 239 § 9 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title III - Remedies Relating to Real Property|Chapter 239 - Summary Process for Possession of Land|Section 9 - Stay of Proceedings

Section 9. In an action of summary process to recover possession of premises occupied for dwelling purposes, other than a room in a hotel, or a dwelling unit in a lodging house or rooming house wherein the occupant has maintained such occupancy for less than three consecutive months, where a tenancy has been terminated without fault of the tenant, either by operation of law or by act of the landlord, except by a notice to quit for nonpayment of rent as provided in section twelve of chapter one hundred and eighty-six, a stay or stays of judgment and execution may be granted, as hereinafter provided, for a period not exceeding six months or for periods not exceeding six months in the aggregate, or, for a period not exceeding twelve months or for periods not exceeding twelve months in the aggregate in the case of premises occupied by a handicapped person or an individual sixty years of age or older, as the court may deem just and reasonable, upon application of the tenant or the surviving spouse, parent or child of a deceased tenant if such spouse, parent or child occupied said premises for dwelling purposes at the time when said tenancy was terminated and such occupancy was not in violation of the terms of the tenancy; provided, however, that a stay or stays of judgment and execution in the case of premises occupied by an employee of a farmer conditioned upon his employment by such farmer and which employment has been legally terminated shall not be granted for a period exceeding two months or for periods exceeding two months in the aggregate. For the purpose of this section, the words ''handicapped person'' shall mean a person who:  (a) has a physical or mental impairment which substantially limits such person's ability to care for himself, perform manual tasks, walk, see, hear, speak, breathe, learn or work; or  (b) has a physical or mental impairment which significantly limits the housing appropriate for such person or which significantly limits such person's ability to seek new housing; or  (c) would be eligible for housing for handicapped persons under the provisions of chapter one hundred and twenty-one B.
MA Gen L ch 239 § 10 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title III - Remedies Relating to Real Property|Chapter 239 - Summary Process for Possession of Land|Section 10 - Stay of Proceedings; Hearings

Section 10. Upon application for such a stay of proceedings, the court shall hear the parties, and if upon the hearing it appears that the premises of which possession is sought to be recovered are used for dwelling purposes; that the applicant cannot secure suitable premises for himself and his family elsewhere within the city or town in a neighborhood similar to that in which the premises occupied by him are situated; that he has used due and reasonable effort to secure such other premises; that his application is made in good faith and that he will abide by and comply with such terms and provisions as the court may prescribe; or that by reason of other facts such action will be warranted, the court may grant a stay as provided in the preceding section, on condition that the terms upon which such stay is granted be complied with.  In any action to recover possession of premises occupied for dwelling purposes brought pursuant to this chapter in which a stay or stays of execution have been granted, by the court or by agreement of the parties, or in any such action where there is an agreement for judgment that grants the tenant a right to reinstate the tenancy, no execution shall issue prior to the expiration of the period of such stay or stays or such reinstatement period unless the plaintiff shall first bring a motion for the issuance of the execution and the court after a hearing shall determine that the tenant or occupant is in substantial violation of a material term or condition of the stay or a material term of the agreement for judgment.
MA Gen L ch 239 § 11 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title III - Remedies Relating to Real Property|Chapter 239 - Summary Process for Possession of Land|Section 11 - Stay of Proceedings; Deposit of Applicant

Section 11. Such stay shall be granted and continue effective only upon the condition that the applicant shall make a deposit in court of the entire amount, or such instalments thereof from time to time, as the court may direct, for the occupation of the premises for the period of the stay, at the rate to which he was liable as rent for the month immediately prior to the expiration of his term or tenancy plus such additional amount, if any, as the court may determine to be reasonable. The deposit shall also include all rent unpaid prior to the period of the stay. The amount of the deposit shall be determined by the court at the hearing upon the application for the stay, and such determination shall be final and conclusive in respect only to the amount of the deposit, and the amount thereof shall be paid into court, in such manner and in such instalments, if any, as the court may direct. A separate account shall be kept of the amount to the credit of each proceeding, and all such payments shall be deposited by the clerk of the court, and paid over to the landlord or his duly authorized agent, in accordance with the terms of the stay or the further order of the court.
MA Gen L ch 239 § 12 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title III - Remedies Relating to Real Property|Chapter 239 - Summary Process for Possession of Land|Section 12 - Stay of Proceedings; Validity of Waiver in Lease

Section 12. Any provision of a lease whereby a lessee or tenant waives the benefits of any provision of sections nine to thirteen, inclusive, shall be deemed to be against public policy and void.
MA Gen L ch 239 § 13 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title III - Remedies Relating to Real Property|Chapter 239 - Summary Process for Possession of Land|Section 13 - Stay of Proceedings; Costs

Section 13. Costs recoverable under section three shall, in actions to which sections nine to eleven, inclusive, apply, include only legal costs covering actual disbursements and shall not include fictitious costs, so-called.
MA Gen L ch 239 § 14 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title III - Remedies Relating to Real Property|Chapter 239 - Summary Process for Possession of Land|Section 14 - Inspection of Property for Presence of Abandoned Animals

Section 14. Not more than 3 days after a property owner or a lessor knew or should have known that a property has been vacated as a result of summary process, the property owner, lessor or a designee shall inspect the property for the presence of abandoned animals.  If the property owner, lessor or a designee encounters an abandoned animal under this section or section 4, the property owner, lessor or a designee shall immediately notify an animal control officer as defined in section 136A of chapter 140, a police officer or other authorized agent of the presence and condition of the animal.  The property owner, lessor or designee who encounters an abandoned animal pursuant to this section shall not be considered the owner, possessor or person having the charge or custody of the animal under section 77 of chapter 272.  For the purposes of this section, an animal shall be considered abandoned if it is found on or in a property vacated as a result of summary process.  If the property owner, lessor or a designee fails to comply with this section, the lessor or property owner shall be subject to a civil penalty of not more than $500 for a first offense and not more than $1,000 for a second or subsequent offense. Funds collected under this section shall be deposited into the Homeless Animal Prevention and Care Fund established in section 35WW of chapter 10.
MA Gen L ch 240 § 1 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title III - Remedies Relating to Real Property|Chapter 240 - Proceedings for Settlement of Title to Land|Section 1 - Petition to Compel Adverse Claimant to Try Title

Section 1. If the record title of land is clouded by an adverse claim, or by the possibility thereof, a person in possession of such land claiming an estate of freehold therein or an unexpired term of not less than ten years, and a person who by force of the covenants in a deed or otherwise may be liable in damages, if such claim should be sustained, may file a petition in the land court stating his interest, describing the land, the claims and the possible adverse claimants so far as known to him, and praying that such claimants may be summoned to show cause why they should not bring an action to try such claim. If no better description can be given, they may be described generally, as the heirs of A B or the like. Two or more persons having separate and distinct parcels of land in the same county and holding under the same source of title, or persons having separate and distinct interests in the same parcel or parcels, may join in a petition against the same supposed claimants. If the supposed claimants are residents of the commonwealth, the petition may be inserted like a declaration in a writ, and served by a copy, like a writ of original summons. Whoever is in the enjoyment of an easement shall be held to be in possession of land within the meaning of this section.
MA Gen L ch 240 § 2 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title III - Remedies Relating to Real Property|Chapter 240 - Proceedings for Settlement of Title to Land|Section 2 - Proceedings Upon Petition

Section 2. If the petition is not so served, the court shall order notice thereof by publication to the supposed claimants, whether residents or non-residents of the commonwealth. Such notice shall bind all the world, but the court may also require personal or other notice, and if, upon return of the order of notice duly executed, the parties notified do not appear within the time limited or, having appeared, disobey the lawful order of the court to try their claim, the court shall enter a decree that they be forever barred from having or enforcing any such claim adversely to the petitioner, his heirs or assigns, in the land described, and may require them to execute, within such time as the court orders, a conveyance, release or acquittance duly relinquishing the same. A judgment or decree under this section may require the giving of a bond to respond to any action brought under section four within five years after the entry of such judgment or decree.
MA Gen L ch 240 § 3 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title III - Remedies Relating to Real Property|Chapter 240 - Proceedings for Settlement of Title to Land|Section 3 - Proceedings Upon Appearance

Section 3. If the persons notified or summoned appear and disclaim all right and title adverse to the petitioner, they shall recover costs. If they claim title, they shall by answer show why they should not be required to bring an action to try such title, and the court shall enter an appropriate decree relative to bringing and prosecuting such action. If the party or parties against whom a judgment or decree for a conveyance, release or acquittance may be rendered by any court in the commonwealth do not comply therewith, within the time therein limited, such judgment or decree shall, subject to the following section, have the same effect as if the conveyance, release or acquittance had been executed conformably thereto.
MA Gen L ch 240 § 4 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title III - Remedies Relating to Real Property|Chapter 240 - Proceedings for Settlement of Title to Land|Section 4 - Parties Without Actual Notice; Remedies

Section 4. A party against whom, without other notice than publication in a newspaper, a judgment or decree has been rendered under section two and whose right is barred thereby, may recover from the person in whose favor such judgment or decree was entered, or from his executors, administrators, heirs or devisees, in accordance with chapter one hundred and ninety-seven, the value at the time action is brought of any interest or right, except of improvements made by the defendants, of which he may have been deprived by such judgment or decree, unless at that time an action which, but for such judgment or decree, he might have maintained for the recovery of such interest or the enforcement of such right would have been barred by the statute of limitations.
MA Gen L ch 240 § 5 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title III - Remedies Relating to Real Property|Chapter 240 - Proceedings for Settlement of Title to Land|Section 5 - Application of Preceding Sections

Section 5. The four preceding sections shall not apply to any property, right, title or interest of the commonwealth.
MA Gen L ch 240 § 6 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title III - Remedies Relating to Real Property|Chapter 240 - Proceedings for Settlement of Title to Land|Section 6 - Actions in Supreme Judicial, Superior or Land Courts

Section 6. If, in a civil action in the supreme judicial or the superior court, or in the land court, to quiet or establish the title to land situated in the commonwealth or to remove a cloud from the title thereto, it is sought to determine the claims or rights of persons unascertained, not in being, unknown or out of the commonwealth, or who cannot be actually served with process and made personally amenable to the judgment of the court, such persons may be made defendants and, if they are unascertained, not in being or unknown, may be described generally, as the heirs or legal representatives of AB, or such persons as shall become heirs, devisees or appointees of CD, a living person, or persons claiming under AB. It shall be unnecessary for the maintenance of such action that the defendants shall have a claim or the possibility of a claim resting upon an instrument the cancellation or surrender of which would afford the relief desired; but it shall be sufficient that they claim or may claim by purchase, descent or otherwise, some right, title, interest or estate in the land which is the subject of the action and that their claim depends upon the construction of a written instrument or cannot be met by the plaintiffs without the production of evidence. Two or more persons claiming to own separate and distinct parcels of land in the same county by titles derived from a common source, or two or more persons having separate and distinct interests in the same parcel, may join as plaintiffs in any action brought under this section.
MA Gen L ch 240 § 7 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title III - Remedies Relating to Real Property|Chapter 240 - Proceedings for Settlement of Title to Land|Section 7 - Notice

Section 7. If in such action the court finds that actual service cannot be, or has not been, made upon a defendant, it may at the request of the plaintiff order notice of the action to be posted in a conspicuous place on the land or to be published in a newspaper within or without the commonwealth, or both, or to be given in such other manner as it considers most effectual, and may also require personal notice to be given. Notice given under this section shall be constructive service on all the defendants.
MA Gen L ch 240 § 8 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title III - Remedies Relating to Real Property|Chapter 240 - Proceedings for Settlement of Title to Land|Section 8 - Guardian Ad Litem

Section 8. If, after notice has been given or served as provided in the preceding section and the time limited in such notice for the appearance of the defendants has expired, the court finds that there are or may be defendants not actually served with process within the commonwealth who have not appeared in the action, it may of its own motion, or on the representation of any party, appoint a guardian ad litem or next friend of any such defendant, and if any such defendants have or may have conflicting interests, it may appoint different guardians ad litem or next friends to represent them.
MA Gen L ch 240 § 9 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title III - Remedies Relating to Real Property|Chapter 240 - Proceedings for Settlement of Title to Land|Section 9 - Guardians Ad Litem; Compensation and Expenses

Section 9. The cost of appearance of any such guardian ad litem or next friend, including compensation of his counsel, shall be determined by the court and paid by the plaintiff, against whom execution may issue therefor in favor of the guardian ad litem or next friend.
MA Gen L ch 240 § 10 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title III - Remedies Relating to Real Property|Chapter 240 - Proceedings for Settlement of Title to Land|Section 10 - Proceeding in Rem; Effect of Judgment

Section 10. After all the defendants have been served with process or notified as provided in section seven and after the appointment of a guardian ad litem or next friend, if such appointment has been made, the court may proceed as though all defendants had been actually served with process. Such action shall be a proceeding in rem against the land, and a judgment establishing or declaring the validity, nature or extent of the plaintiff's title may be entered, and shall operate directly on the land and have the force of a release made by or on behalf of all defendants of all claims inconsistent with the title established or declared thereby. This and the four preceding sections shall not prevent the court from also exercising jurisdiction in personam against defendants actually served with process who are personally amenable to its judgments.
MA Gen L ch 240 § 10a (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title III - Remedies Relating to Real Property|Chapter 240 - Proceedings for Settlement of Title to Land|Section 10a - Restrictions on Land; Determination; Jurisdiction; Petition

Section 10A. The superior court and the land court shall have concurrent jurisdiction of a civil action by any person or persons claiming an estate of freehold, or an unexpired term of not less than ten years, in land subject to a restriction described in section twenty-six of chapter one hundred and eighty-four, to determine and declare whether and in what manner and to what extent and for the benefit of what land the restriction is then enforceable, whether or not a violation has occurred or is threatened. The complaint shall state the names and addresses, so far as known to the plaintiff or plaintiffs, of the owners of the subject parcels as to which the determination is sought, of the owners of any benefited land and of any persons benefited other than persons interested in benefited land. There shall be filed therewith (1) a certified copy of the instrument or instruments imposing the restriction, or of a representative instrument if there are many and the complaint includes a summary of the remainder, and (2) a plan or sketch showing the approximate locations of the parcels as to which the determination is sought, and the other parcel or parcels, if any, which may have the benefit of the restriction, and the ways, public or open to public use, upon which the respective parcels abut or nearest thereto, and the street numbers, if any, of such parcels.
MA Gen L ch 240 § 10b (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title III - Remedies Relating to Real Property|Chapter 240 - Proceedings for Settlement of Title to Land|Section 10b - Notice of Proceedings; Parties

Section 10B. The court shall, after consideration of the complaint, instrument or instruments and plan or sketch, and such further documents or evidence as it may require, prescribe the form of notice to be given, the persons to be named or described therein, the manner of service of the notice, and the proof to be required of such service. The court may (1) permit service by registered mail on any person, (2) permit names and addresses of owners to be given from the last assessments for local taxation and record search for subsequent changes, (3) require notice to be published in a newspaper or posted on the subject land or both, (4) name as representative of all persons entitled to enforce the restriction, if it benefits more than four parcels, the owners of the benefited land abutting the subject parcel or parcels and of such additional benefited land in or facing the same block or blocks or in the same vicinity as it deems appropriate, describing the remaining persons generally as the owners of certain identified land and permitting service upon them by publication only, (5) order other or additional notice at any time as it deems most effectual, and (6) if it finds that there are persons benefited but not actually served and for whom others served are not sufficiently representative, appoint a disinterested person to represent them and order costs thereof paid by the plaintiff or plaintiffs. Any person entitled to enforce the restriction, whether or not named or described in the notice, may become a party to the proceeding by filing answer within the time specified by the notice or by the court.
MA Gen L ch 240 § 10c (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title III - Remedies Relating to Real Property|Chapter 240 - Proceedings for Settlement of Title to Land|Section 10c - Determination of Restrictions; Manner

Section 10C. Any determination or declaration that the restriction is or is not enforceable, or is enforceable only in a certain manner or to a certain extent or for the benefit of certain land shall be in rem and operate directly upon the subject land, and be binding upon all persons entitled to enforce the restriction thereon. If the court determines that the restriction is enforceable only by award of money damages it shall, whether or not a violation has occurred, make such award according to general rules of equity, and upon payment thereof determine that the land is free of the restriction.