Massachusetts Eviction Guide For Tenants

Eliminating And Restoring Your Occupancy

• Tenants With Leases

  If you are not paying rent or your landlord suspects that you have violated your lease terms or caused damage to your apartment, your landlord could attempt to evict your tenant. You must first receive a "Notice of Quit" from your landlord to end your tenancy. Your landlord must first send you a 14-day Notice to Quit if your tenancy is being terminated for non-payment. The notice period for any other terminations will be specified in your lease. It is usually seven days.

  You can avoid eviction if your rent is not paid.

• Tenants At Will

  If you want to end your tenancy due to non-payment of rent, your landlord must send you a 14-day notice to quit (M.G.L. c. 186. SS 12. You must give written notice within 30 days or one month in advance if the lease is being terminated.

  You can avoid being evicted if you pay the rent in full within 10 days after receiving the notice. This is as long as it is the first notice that you have received in the past 12 months. You have up to the due date for your Answer if there is not a statement in the Notice stating your right to revive your tenancy.

  Tenants receiving rent subsidies from landlords must comply with the eviction procedures set out in their lease agreement and rent subsidy contract.

• Summary Procedure And Complaint

  The landlord must give you a "Summary Procedure and Complaint" after the notice period has expired. This will inform you that your landlord is taking legal action against you. This will include the date and time of the hearing.

The Answer, Appeal, and Execution

• Answer

  The Answer is a written answer from you explaining why you shouldn't be evicted. You can also make counterclaims against the landlord. These could include harassment, harassment, security deposit violations or violations of the Health Sanitary Code. The court and landlord must receive the Answer by Monday prior to your court date. Keep a copy of the Answer for your records.

• Appeal and Judgment

  You can appeal the decision and request another hearing if you lose your case. You must file a Notice of Appeal within 10 days of the entry date. An appeal bond is required in most cases. However, if you are unable to afford it, you can file a Notice of Appeal.

• Execution

  Execution is the judge's order to evict the tenant. Without this paper, the landlord can't physically expel you. The court will issue the execution to the landlord if a physical eviction is permitted 10 days after the judgment has been entered. At least 48 hours’ notice must be given to you about the date and time of your physical eviction. You must vacate your apartment by the time specified in the 48-hour notice.

  The execution can be used by the landlord at any time within three months. If you are evicted because of non-payment of rent and the landlord accepts payment for the summaries and your current rent, the landlord can't use execution and must return it to court.

• Execution is not complete

  You may be able to convince a judge to grant a Stay of Execution if the eviction wasn't your fault. This allows you to remain in your apartment for as long as six months. A stay can be requested by disabled or elderly tenants for up to one year.

  You do not have the legal right to request a stay if you are being evicted because you have failed to pay rent. If your damages, which may be a result of counterclaims against the landlord, are less than the amount owed the landlord (e.g. You have seven days to stop the eviction by paying the balance with interest and court costs (M.G.L. c. 239; SS 8A.

Evacuation

You must leave when the execution order's date arrives. If you don't, a sheriff, constable, or other law enforcement officer may take your belongings and put them in storage. The mover should create a detailed list of all items stored in your belongings if they are placed in storage. The former landlord can sue to recover the eviction fees. Your belongings will be subject to a lien by the storage company. This lien can be enforced by selling your goods. However, the storage company cannot sell your belongings unless you wait six months. To get your furniture out from storage, you don't have to pay rent. You still owe the amount that the court has determined due until it is paid for 20 years (M.G.L. c. 239; SS 4.

Moving Out

You should make an appointment with your landlord to inspect your apartment before you move out. This will help avoid any future disputes with your landlord regarding apartment damage. If you have given a security deposit to the landlord, be sure to review the Statement of Condition. Clean the apartment on the day that you are leaving. Also, you may want to take photos of the apartment's condition at the time of your departure. These photos may be helpful in resolving security deposit disputes. You can leave your landlord your forwarding address if you have paid a security deposit or last month's rent. This will allow you to receive any interest owed.

Documents

Keep accurate records of all rent payments, complaints, landlord contacts, repairs attempted, correspondence, and any other important documents related to your tenancy. These records will assist you in resolving disputes both inside and outside of court.