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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.


Massachusetts Lawyers Weekly