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Massachusetts Landlord Tenant Eviction / Unlawful Detainer Forms Package

State:
Massachusetts
Control #:
MA-EVIC-PKG
Format:
Word; 
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PDF
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Description

This package contains the essential state-specific forms a landlord needs to evict a tenant. If you need to get rid of an unwanted tenant, this money-saving package ensures that you follow the rules of your state. Included in this package are the following forms:



14 Day Notice to Pay Rent or Lease Terminated for Residential Property - This form is used by a landlord to demand payment of overdue rent from a residential tenant within 14 days from giving the notice, in accordance with the laws of your state. (Note: If a written agreement provides for a longer notice, use the notice length stated in the agreement). "Residential" includes a house, apartment, or condo. If the tenant fails to pay within 14 days, the lease may be considered terminated by the landlord. The tenant is informed that the tenant must either pay the rent or suffer possible termination. If he does not pay, the landlord may begin eviction proceedings. If the landlord does not elect to proceed with termination or eviction, but instead agrees to accept rent after the termination date stated in the notice, the lease is generally reinstated.



14 Day Notice to Pay Rent or Lease Terminated for Nonresidential or Commercial Property - This form is used by a landlord to demand payment of overdue rent from a non-residential tenant within 14 days from giving the notice, in accordance with the laws of your state. (Note: If a written agreement provides for a longer notice, use the notice length stated in the agreement). "Non-Residential" includes commercial, industrial, etc. property. If the tenant fails to pay within 14 days, the lease may be considered terminated by the landlord.



31 Day Notice to Terminate Month-to-Month Lease from Landlord to Tenant - This form is for use by a landlord to terminate a month-to-month lease. Unless a written agreement provides otherwise, the landlord does not have to have a reason for terminating the lease in this manner, other than a desire to end the lease. A month-to-month lease is one which continues from month-to-month unless either party chooses to terminate. Unless a written agreement provides for a longer notice, 31 days notice is required prior to termination in this state. The notice must be given to the tenant within at least 31 days prior to the termination date. The form indicates that the landlord has chosen to terminate the lease, and states the deadline date by which the tenant must vacate the premises.



Affidavit Under Summary Process Rule 10D - This affidavit is filed by a landlord as part of the summary process eviction procedures



Summary Process Summons and Complaint - This form is the complaint used by a landlord to initiate the eviction process in court.



Civil Contempt Summons - Summary Process Action - This is filed along with the complaint for summary process to inform the tenant that he/she needs to file an answer to the eviction action.




Motion for Issuance of Execution - This form is used by a landlord after winning an eviction case to ask the court to order the sheriff to remove the tenant from the premises.

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  • Preview Massachusetts Landlord Tenant Eviction / Unlawful Detainer Forms Package
  • Preview Massachusetts Landlord Tenant Eviction / Unlawful Detainer Forms Package

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FAQ

An unlawful detainer is an eviction lawsuit. This won't be reported to the credit bureaus unless you are actually evicted.Much like losing a lawsuit, unlawful-detainer suits are reported to the credit bureaus.

TIP! You may need to hire an attorney. A formal eviction is a civil case, which means a property manager or agent CANNOT file documents with the court or appear in court for the property owner. The owner must represent him or herself or hire an attorney.

Be in writing. be signed and dated by you as the property manager, or by your client. be properly addressed to the tenant. give the day on which the residential tenancy agreement is terminated and by which the tenant is required to vacate. where appropriate, give the grounds or reason for the notice.

Address the Tenant(s) Named in the Residential Lease. List the Lease Information. Notify the Tenant of the Eviction. Give a Reason for the Eviction. Serve the Eviction Notice to the Tenant(s)

Addresses. Date. Tenant names. Status and date of the lease. Why the eviction notice is served (clear and concise explanation) Date tenant must vacate the property. Proof of service or delivery of notice.

Short answer: It can take anywhere between 45 to 75 days to evict someone in California, on average.

Know Your Rights. It goes without saying, but take some time to know your rights as a tenant. Keep Good Records. Make Sure Notice is Proper. Service of the Unlawful Detainer. Talking to an Attorney. Managing Partner Lipton Legal Group, A PC Beverly Hills, CA.

Courts commonly refer to eviction actions as "forcible entry and detainer" or "unlawful detainer" actions. The legal theory is that the landlord alleges the tenant unlawfully continues to have use and possession of the rental property, and the landlord seeks the assistance of the court to have the tenant removed.

At the trial, the landlord will put on her case.The landlord will talk about the Notice of Termination that was sent to the tenant and her reasons for wanting to evict the tenant. The landlord may present other witnesses to support her claims against the tenant.

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Massachusetts Landlord Tenant Eviction / Unlawful Detainer Forms Package