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. For nonpayment of rent, Massachusetts generally requires a 14-day notice to quit. To end a tenancy at will for other reasons, the notice must generally cover one full rental period or 30 days, whichever is longer (G.L. c. 186, § 12). A fixed-term lease follows its own terms. Which notice 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.
A notice to quit for nonpayment of rent must also be accompanied by the state’s required tenant-rights form. Without proof the form was delivered, the court won’t accept the eviction filing (G.L. c. 186, § 31).
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. That proof of delivery is then filed with the court when the eviction case is entered. 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. See our list of common mistakes Massachusetts landlords make when evicting a tenant.
In addition to making sure the tenant receives the landlord’s notice to quit, 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?
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About the Author
Richard Alan Gaudet, Esq. is a Massachusetts attorney at the Law Offices of Richard Alan Gaudet, LLC in Middleton, Massachusetts, who represents landlords in summary process evictions. His practice focuses on professional license defense, business law and litigation, family law, and landlord representation, serving clients across Northern, Eastern, and Central Massachusetts. Reach him at 978-273-8337 or rgaudet@gaudetlawoffice.com. Office: 35 Village Rd., Ste 100, Middleton, MA 01949.
ABOUT THIS ARTICLE
This article was prepared by a Massachusetts attorney and is provided solely for general informational and educational purposes directed to members of the general public. It does not constitute legal advice and does not create an attorney-client relationship. The law applicable to any particular situation depends on the specific facts and circumstances of that matter. Readers are encouraged to seek the advice of a licensed Massachusetts attorney before taking any action.
