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Massachusetts Eviction Laws ~
You first must
determine what type of relationship you have with your tenant. The
rules of the game change with this determination. There are two
main types of tenancies in Massachusetts; one at will and one
under a lease. Traditionally, tenancies at will were oral. This is
no longer the case. In general, if a tenancy is oral or even if it
is in writing, with the provision that either the landlord or
tenant can terminate the relationship by giving a notice that is
equal to the interval between the days of payment or thirty (30)
days, whichever is longer, it is a tenancy at will. One can easily
obtain this Notice to Quit from a legal stationery store, a
constable, or a rental housing association.
Most
Massachusetts evictions are brought for non-payment of rent. If a
tenancy at will is being terminated for nonpayment of rent, the
landlord must give a written fourteen (14) days Notice to Quit to
the tenant. Again, one can easily obtain this notice from a legal
stationery store, Rental Housing Association, or from a Constable.
Do not utilize a fourteen (14) days notice to quit which is
designed for a tenant under a lease, as there are distinct
differences.
If the tenant
is under a lease, you must first examine the lease to determine
how much time is required. If the reason is nonpayment of rent, by
statute, you must give a written fourteen (14) days Notice to
Quit.
After the notice
to quit has run its course, the landlord can now proceed to serve
a Summary Process Summons and Complaint form upon the tenant. Only
an authorized Massachusetts Constable or Sheriff can serve this
process. The Summary Process Summons and Complaint form is first
obtained from the court. The Constable or Sheriff generally will
assist the landlord in helping to fill out the Complaint form.
While non-payment of rent may be a
legitimate reason for the landlord to attempt to evict you from
the premises, he must first take certain steps. The landlord must
send you a 14-day notice to quit, and if this is your first notice
during the last 12 months he must give you at least 10 days to pay
any back rent you owe. Even if you cannot to pay the back rent,
the landlord cannot just throw your property into the street.
In order to physically evict you, the landlord must go to
court and obtain an order for eviction, and you should receive
notice to appear at this hearing. After he gets and eviction
order, the landlord may physically remove your belongings and
place them into storage you (may also be responsible for the
storage cost).
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