The Massachusetts Summary Process Summons And Complaint is a legal document issued by a court when one party is suing another party for housing-related issues. This document is typically used for eviction proceedings, such as when a landlord is attempting to evict a tenant from a property. The Summons and Complaint contains an official notice of the legal action being taken against the defendant and informs them of their rights, including the right to a jury trial. The Complaint is the document that outlines the landlord's claims against the defendant and includes the relief sought by the landlord. There are two types of Massachusetts Summary Process Summons And Complaint: a 14-Day Summons and Complaint and a 30-Day Summons and Complaint. The 14-Day Summons and Complaint is used when the landlord is seeking to evict the tenant from the property within 14 days. The 30-Day Summons and Complaint is used when the landlord is seeking to evict the tenant from the property within 30 days.
Massachusetts Summary Process Summons And Complaint
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FAQ
In Massachusetts, a landlord must issue a 7-Day Notice to Quit before evicting a tenant who commits a lease violation or illegal activity. Massachusetts law does not specify the notice period for tenants with written leases. A lease agreement will often indicate what type of notice is required in this situation.
Agreement for judgement in a summary process (eviction) case. Once approved by the judge, this agreement becomes a court order and both parties are legally required to follow it. This form is used in Housing Court when a judgment enters and a judge or clerk must determine a defendant/debtors ability to pay.
This rule establishes a limited right to discovery in summary process actions. In keeping with the need for expeditious procedure, an automatic postponement of the trial date for two weeks from the originally scheduled date results from the timely service and filing of a discovery demand.
In a summary process case, the landlord can sue the tenant for unpaid rent, even if the tenancy was ended for a reason other than not paying rent. The summons and complaint form includes a section for the landlord to specify the rent that's owed.
If you want to evict a tenant under a lease for a reason other than nonpayment, such as having unauthorized sub-tenants, or property damage, the lease should detail what type of Notice to Quit you must use and when to serve it. If you are evicting the tenant for nonpayment, you must send a 14 day Notice to Quit (M.G.L.
Fees NameFeeUnitFiling for eviction (in Housing Court)$120eachFiling for eviction (District Court/BMC)$180eachSurcharge$15eachRequired summons$5each1 more row
You must receive written notice of the date and time the physical eviction will take place at least 48 hours in advance. On the date set in the 48-hour notice, you must leave apartment. The landlord may use the execution anytime within a three-month period.
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.