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Evicting a Tenant in Massachusetts

Massachusetts Lawyer Representing Massachusetts Landlords

The landlord-tenant business is very challenging. Landlords must face non-payment of rent, legal issues, property damage, squatters, and many other serious issues. Of course, being a Landlord also has its benefits: steady income, providing safe housing to Massachusetts residents, etc. Still, on balance, sometimes the difficulties that arise from property ownership in Massachusetts and, specifically, being a Landlord in Massachusetts can be daunting.

In Massachusetts, a Landlord that owns a company (an LLC, Incorporation, or Partnership) must be represented in Massachusetts Housing, District or Superior Courts by a Massachusetts licensed attorney. Please contact our offices to get more information about filing an eviction case in Massachusetts if you are a landlord.

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Step 1 – Sending a Notice to Quit to a Massachusetts Tenant

First, the Massachusetts Landlord must send a notice to quit. There are two types of notices to quit, the 14 day notice and the 30 day notice. Which one to use is often a point of confusion, and depends upon the circumstances involved in each eviction case. Again, contact our office if you are a Massachusetts landlord seeking to evict a tenant in Massachusetts.

Step 2 – Making Sure the Notice to Quit Gets to the Tenant

It is not enough to simply send a notice to quit, the notice to quit, whether 14 day or 30 day notice must be received by the tenant in Massachusetts. For example, a Massachusetts landlord could hire a process server or constable to serve the notice to quit, but that process server must produce something called a return of service that acts as proof that the document was served directly to the Tenant by the process server. Also, return of such service needs to be filed with the appropriate court. Remember, a Massachusetts landlord which owns its property as a company must have an attorney representing it in Housing, District or Superior Court in Massachusetts.

Many Massachusetts eviction cases filed by a landlord stall and sometimes fail because the notice to quit was either not sent correctly or not received by the tenant.

In addition to making sure the tenant receives the landlord’s notice to quit property. It is also crucial to ensure that the notice is filled out properly. Depending upon whether the Massachusetts tenant is in a month-to-month lease, a lease with some other term, or even a lease involving subsidized housing, the Massachusetts landlord must be sure to follow any lease terms or requirements or agency requirements for eviction. There are some occasions, depending upon the Landlord’s circumstances, where a notice to quit may not be required. Please contact our offices to review your specific circumstances so that we can file an appearance on your behalf and begin the Massachusetts eviction process.

Have additional questions?

We’re here to help. Let’s talk.

DISCLAIMER:
The information provided in the pages and posts of this website are for general informational purposes only. The information presented on this site is not legal advice, and no attorney-client relationship is formed by the use of this site.

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