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Massachusetts Summary Process - Eviction - Summons and Complaint - Sample
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Massachusetts
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MA-DC-SP-001
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FAQ
Pay any delinquent rent that is due to the landlord within the allotted time of the notice. Move out of the premises within the allotted time of the notice. File an answer with the judicial court. File a motion to stay with the court.
Like all other evictions, the landlord must issue a notice to quit to the tenant stating the specifics of the offenses. If the tenant has a standard form lease, the notice to quit will typically be a 7 day notice. For tenants without a written lease, it's a gray area, but I would use a 30 day 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)
Failure to Pay Rent A landlord can evict a tenant for not paying rent, but the landlord must first give the tenant a 14-day notice, after rent is due but not paid. The notice must state that the tenant has 14 days to either pay rent or move out of the rental unit, or the lease will terminate.
Overview of the Eviction Process Eviction cases are technically called summary process actions.The purpose of a summary process case is for a judge to determine who should have possession of your apartmentyou or your landlord.
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.
You can remove your eviction from your public record by petitioning the court, winning your case or disputing an inaccurately reported eviction. While the process is more difficult, it's not impossible.
A 14-day notice to quit means your tenancy is terminated 14 days after you get the notice. This is the first step in an eviction. If you have a lease, any clause in the lease saying that the landlord can end your tenancy for non-payment of rent without giving you a 14-day notice is illegal.
In the Commonwealth of Massachusetts, summary process is the procedure by which a landlord evicts a residential tenant through the court. Summary process is governed by the Uniform Rules of Summary Process, which can easily be found online.
