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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.
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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 |
