Notice Without Judgement In Massachusetts
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An enforcement officer, often called a bailiff or marshal or sheriff, may be tasked to compel compliance, especially if enforcement requires the exercise of force, such as in eviction, mandated seizure, or if the losing party does not comply with the court's initial order.
In Massachusetts, it is illegal for a landlord, on his or her own, to remove tenants and occupants and their belongings from a rented apartment, room, or home without first getting a court order. The court case that a landlord files to get a court order is called summary process (the legal term for an eviction).
In Massachusetts, it is illegal for a landlord, on their own, to remove tenants and occupants and their belongings from a rented apartment, room, or home without first getting a court order. The court case that a landlord files to get a court order is called summary process (the legal term for an eviction).
The notice must include the specific day that the tenancy will end. There is no designated way to give the notice to quit to the tenant. A landlord can give the notice directly to the tenant in person, but it's recommended that a disinterested person be present for this.
Rule 55(a) authorizes the entry of default when the opposing party has "failed to plead or otherwise defend". The language includes a defendant's complete failure to file any papers at all, as well as his failure, after filing an appearance, to file an answer.
C. 186, § 11). If the tenant pays all monies due, plus costs, interest and your court filing fees by the date their Answer is due in court, the tenant has an absolute right to stop the eviction. If you are evicting for a reason other than nonpayment, or for no reason, you must give the tenant a 30 day Notice to Quit.
On average, it would take anywhere between a little over 1 month to more than 1 year for a complete eviction process. Give your tenant a written Notice to Vacate prior to the eviction process. Make sure no mistakes were made in the filing process. If you win the case, the judge will give you a Judgment of Possession.
Most Courts, including California, put strict time limits on when that motion may be filed (six months from entry of default in California though this time limit may be altered based on various factors) and the longer the period of time from entry of default, the harder it is to have the Court remove it.
