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Oct 31 2010

How do I evict my tenant in Massachusetts?

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ATTORNEY ANSWER:

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; 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 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 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.

Metrowest Eviction Lawyer, Attorney Segal serves the Greater Boston region and all of Massachusetts in real estate law, business law, and estate planning including Acton Agawam Amherst Andover Arlington Attleboro Barnstable Belmont Beverly Billercia Boston Braintree Bridgewater Brockton Brookline Burlington Cambridge Canton Chelmsford Chelsea Chicopee Danvers Dartmouth Dedham Dracut Easton Everett Fall River Falmouth Fitchburg Framingham Gloucester Haverhill Holyoke Lawrence Leominster Lexington Lowell Lynn Malden Marlborough Medford Melrose Metheun Milford Milton Natick Needham New Bedford Newton North Andover North Attleboro North Reading Norwood Peabody Pittsfield Plymouth Quincy Randolph Revere Salem Saugus Shrewsbury Somerville Springfield Stoughton Taunton Tewksbury Waltham Watertown Wellesley Westfield West Springfield Weymouth Woburn Worcester.

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