![]() This case is filed in the Housing Court, or other court that handles evictions in the jurisdiction where the property sits. Tenants can view helpful pages when they are being evicted> Tenants Help PagesĪfter the 14 days has expired and the tenant is still in possession of the property, the landlord must file an eviction lawsuit against the tenant, called a Summary Process. The landlord should keep copies of it for evidence later. If that is not possible, the landlord should post the notice on the property, AND mail it certified and regular mail. It is recommended that the landlord hand deliver the notice to the tenant with a witness watching. The Notice must be delivered to the tenant in a way that ensures the tenant receives the notice, and in a way that the landlord can prove it. The first step in the Massachusetts Eviction Process is the landlord serving the tenant with a “ Notice to Quit.” If the landlord is evicting a tenant for non-payment of rent, the landlord must serve the tenant with a 14 Day Notice to Quit, unless the lease with the tenant provides some other notice period. Although tedious to read, if you are a landlord in Massachusetts it is worth your time to become familiar with these laws. The laws in Massachusetts covering evictions are found in Chapter 239 of the Massachusetts General Laws. If you assistance with a landlord-tenant matter, contact me for a consultation.Guide to the Eviction Process in MassachusettsĮviction in Massachusetts: Massachusetts Eviction Laws The tenant can try and argue otherwise, but will have a much harder argument to make if there is proof of service from a constable or sheriff. By law, such service creates a presumption that the tenant received the notice to quit. Simply taping the notice to quit to the tenant’s apartment or mailing it to the tenant can be problematic, if the tenant denies receipt.Ī much better option is to use a constable or sheriff to serve the notice. In an eviction, the landlord bears the burden of proving that the tenant received the notice to quit. #3: Not Using a Sheriff or Constable to Serve the Notice Including inconsistent reasons for the eviction can also be grounds for dismissing the eviction case. #2: Stating Inconsistent Reasons for the EvictionĪ notice to quit must be consistent. Often, there are many free notices to quit on the Internet that are not intended for a Massachusetts eviction. Landlords also need to be careful when using templates for these notices. Landlords need to be careful that they are using the correct notice to quit for their eviction, as the wrong notice will likely lead to the eviction’s dismissal. Generally, a fourteen-day notice to quit is required for evictions based upon non-payment of rent, and a thirty-day notice is required for a no-fault eviction for a tenancy at will (commonly known as a month-to-month tenancy). The proper notice to quit depends on the type of tenancy. ![]() #1: Using the Improper Notice to Quit for The Tenancy ![]() Here, I’ll discuss three common mistakes made when preparing a notice to quit. This notice informs the tenant of the reason for the eviction and provides them a time period in which their tenancy is terminated.Ī mistake in one of these notices, however, can be fatal to an eviction case, and lead to unnecessary delay. Preparing a notice to quit is a requirement for nearly every Massachusetts eviction.
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