Evictions Massachusetts
Massachusetts Evicitons

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MASSACHUSETTS EVICTIONS

You first must determine what type of relationship you have with your tenant.  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. 

Most Massachusetts evictions are brought for non-payment of rent. If a tenancy at will (no lease) 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 examine the lease to determine how much time is required. If the reason is nonpayment of rent, by statute, you must give a written (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).

Also see: Other State Eviction Laws or Massachusetts Guide

Disclaimer: Eviction Laws in your state may change and there may be times when information on this web site may not be current. This information is provided for general informational purposes only and is not intended as legal advice. This website is not a substitute for advice from an attorney. ADDITIONAL LAWS MAY APPLY IN YOUR JURISDICTION. FIND EVICTION LAWYERS IN YOUR STATE

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