16. Moylan v. Williams, Boston Housing Ct., No. 09-SP-5006 (Muirhead, J., January 12, 2010) (action dismissed despite non-payment of rent because the notice of termination did not indicate that such a breach constituted grounds for termination); Brown-Carriere v. Moore, Boston Housing Ct., No. 14-SP-1267 (Muirhead, J, May 20, 2014) (if the grounds for termination and the complaint were contradictory, the action must be dismissed). If your lease has a renewal option and you don`t renew it, your landlord won`t need to send you a notice of termination if they want to leave you at the end of your lease. In this case, your landlord can immediately file documents with the court the day after your lease expires and initiate eviction proceedings without sending you notice of termination. For more information about how to fix non-payment of rent in a way that protects your tenancy, see Pay rent due. Massachusetts law does not specify how much notice (if any) must be given to tenants with unexpired written leases that violate their lease or lease.
Visit Mass.gov for more information about your legal rights and obligations as a property owner in Massachusetts. If, after reading the fields above, you decide to use an NTQ, the form you will use will depend on whether you have a lease or lease at will. Leases have a fixed term. Unlimited rental is also called “month to month”. If you don`t have a written agreement, you have a “tenant about suffering” and you should have a lawyer (the rules may be simpler in some ways, but they are practiced less frequently). For more information, please visit our Rental Agreements page. Tenants, like landlords, have legal rights in Massachusetts during the eviction process. As a tenant, you may be able to defend yourself depending on the circumstances of your eviction.
Read eviction notices carefully so you know exactly what`s going on and what you need to do. 37. February is a special case because it is only 28 days old. You must receive notice of termination no later than January 30 to end your tenancy on March 1. There is some support to count the day of service. See Callahan v. John Hancock Mutual Life Ins. Co., 331 measures. 552, 554 (1954); Lawrence v. Commissioners, 318 Mass. 520, 525 (1945) (“A thing done at any time of a day is taken as if it had been done in the first minute of the day”); “Fundamentals of Residential Real Estate,” MCLE, vol.
85-47 (1985), pp. 463-464. See also Hodgkins v. Preis, 137 Mass. 13, 17 (1884) (the date of receipt counts as the first day of the 14-day period for notification of non-payment). If the rent is subsidized by a government agency, you should review the rules of the lease and program to determine the specific requirements for terminating the subsidized tenancy, for example. B indicate in the notice of termination the specific reasons why you wish to terminate the lease. While it may be difficult to challenge the application of injunctions against certain persons and acts for which summary conviction laws are not sufficient to eliminate a threat to the Community, many questions may be raised as to the appropriate remedy in a particular case. Although drugs were found in the tenant`s apartment at McDonald`s apartment, it was not clear in the records that the tenant was charged with a crime. His apartment was apparently used by others. Lawyers have to ask themselves, if the tenant did not actually trade in drugs, why was it necessary to obtain an injunction against her, and why would the summary conviction not have provided an adequate remedy for the landlord? Interim injunctions can only be issued if certain conditions are met. Above all, the landlord must be able to prove that no other adequate remedy is available to him.
See e.B. Conlon v. Teamsters, 409 F. Supp. 1165, 1167 (D. Mass. 1976). Since the landlord can still use the regular eviction process, they should not be able to obtain an injunction unless they can prove that the regular eviction process is inadequate. In addition, the landlord must meet the other requirements in order to obtain an injunction. To obtain an injunction, the landlord must demonstrate the following: A landlord can use a variety of methods to issue a notice of termination, including the following: 27. English v.
Moore, Boston Housing Court, SP-43972 (Daher, C.J., July 10, 1987); Thomas v. Pelletier, Hampden Housing Court, SP2006-S87 (Abrashkin, J., May 23, 1987), citing McGuire v. Haddad, 325 Mass. 590 (1950). Similarly, a landlord should not be allowed to send both a notice of tenancy period for alleged fault of the tenant and a notice of termination of 14 days for non-payment of rent, in the hope that he can prevent the tenant from imposing the conditions set out in G.L.c. 239, § 8A. See Nichiniello v. Akerly, Somerville Dist.
Ct., CV-910 (Coven, J., 30 October 1990) (by giving 14 days` notice, the landlord must waive the right to give 30 days` notice and can only respond to the landlord`s claims for non-payment, allowing the tenant to assert G.L.c. 239, § 8A). In any case, you cannot evict a tenant for illegal reasons. B for example if you are reported to health inspectors for violations or if rent is withheld due to poor conditions. 26. Your landlord can file an eviction application in court up to 30 days before the end of your lease if your lease covers a period of at least 6 months. G.L.c. 239, §1A. (This provision was passed at the urging of landlords with seasonal rents, who feared that other provisions of the law prohibiting self-help evictions would make it more difficult for them to get rid of low-income tenants before the start of the high-rent season. But there is nothing explicit in G.L.c. 239, § 1A that limits its use to these situations.) A landlord must also show a court that there is a chance that you will stay in the apartment beyond the end of your lease. If a court gives the landlord permission to evict you, they won`t be able to evict you until the day after your lease expires.
Before this date, you have the right to ask a judge to delay the deportation. G.L.c. 239, §1A. See Postponement of expulsion. The court may reject the eviction if the notice of termination indicates the wrong address or does not clearly identify the part of the property in question, particularly if there is no evidence that it was served at the correct address. See Media v. Diaz, Boston Housing Ct., No. 14-SP-4345, (Muirhead, J., November 20, 2014); Jones v.
Leach, Boston Housing Court No. 10-SP-4586 (Muirhead, J., December 29, 2010); Dixon v. Myers and Young, Boston Housing Court, No. 10-SP-1656 (Muirhead, J., June 4, 2010); Coriano v. Espino, Boston Housing Court, No. 07-SP-2157 (Muirhead, J., June 28, 2007). Yes. The landlord can sue the tenant for unpaid rent (or other damages) in a civil or minor case. The landlord may consider this if the tenant owes rent but has moved before they file an eviction application. Civil action proceedings are governed by the Massachusetts Rules of Civil Procedure.
It is generally recommended to speak to a lawyer before suing a tenant in a civil lawsuit for damages. On the other hand, the Small Claims Procedure aims to provide an informal process for litigants who wish to move forward without a lawyer. Small claims settlement procedures are governed by the Massachusetts Uniform Small Claims Rules. In general, there is a $7,000 limit on the amount of monetary damages that can be recovered in a small claim. For example, if a tenant owes $9,000 in rent, a small claims judgment is capped at $7,000 and the $2,000 portion of the outstanding rent debt is cancelled. Please note that courts have tended not to grant a 7-day notice period, except in cases of illegal firearms, illegal use of firearms or drugs. The tenant has the right to contest and refute claims made against him no later than the first Monday before the scheduled date of the hearing via the response form for the summary process. The notice should tell you if the landlord is terminating your tenancy for reasons of non-payment, another breach of the lease or a violation of the law, or without cause (no fault). .