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The Massachusetts eviction notice forms are used by a landlord to let a tenant know that the lease is terminating and that they have to move out. It is very important that the landlord provide requisite notice before commencing an action in court to have the tenant evicted.
Tenancy at will The landlord or tenant can end a month-to-month tenancy-at-will by giving a written 30 days (minimum) notice to quit that must expire at the end of a rental period. Pay special attention if the notice to quit is given in February, which has less than 30 days.
Fees NameFeeUnitFiling for eviction (in Housing Court)$120eachFiling for eviction (District Court/BMC)$180eachSurcharge$15eachRequired summons$5each1 more row
If the tenant refuses to move, the sheriff will give him a 48 hour notice to do so, after which he may forcibly remove him.
There are three types of eviction notices: 7-, 14- and 30-day. However, not all notices apply to all tenants, and not all notices can be used for non-payment of rent. If you are looking to evict a tenant who has an active lease with you, then you should always follow what your lease says.
Motion to Dismiss For example, if your landlord does not send you a proper notice to quit, you have paid all the rent you owe, or you were not properly served with a summons and complaint, you should file what is called a motion to dismiss as soon as possible. To do this, fill out the Motion to Dismiss form (Form 20).
Before a landlord can start the eviction process, they are required to give the tenant an official written 14-Day Notice to Quit. If rent is paid within those 14 days or any time before the tenant is evicted, then the filing for eviction does not continue.
A landlord must receive a court order, called an execution, in order to evict a tenant. It is unlawful for a landlord to attempt to evict a tenant in any other way, such as changing the locks at the rental unit or shutting off the utilities.