Massachusetts Eviction Notice for Smoking

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Multi-State
Control #:
US-02196BG-15
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Word; 
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This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

A Massachusetts Eviction Notice for Smoking is a legal document that notifies a tenant of their violation of the no-smoking policy within the rental property. It highlights the consequences of smoking in the property and serves as a warning that if violations persist, eviction proceedings may be initiated. In Massachusetts, there are different types of Eviction Notices for Smoking that landlords can use based on the severity of the violation or the specific terms stated in the lease agreement. These notices include: 1. Massachusetts 7-Day Notice to Quit: This type of eviction notice is typically issued when a tenant repeatedly smokes within the rental property despite warnings. It gives the tenant a 7-day period to cease smoking and comply with the lease terms, or face eviction. 2. Massachusetts 14-Day Notice to Quit: This notice is used when a tenant's smoking habit poses a hazard to the property or interferes with the peaceful enjoyment of other tenants. It grants the tenant a 14-day period to rectify the smoking violation or vacate the premises. 3. Massachusetts 30-Day Notice to Quit: This notice is given when the tenant's smoking violates the lease agreement and the landlord decides to terminate the tenancy. It provides the tenant with a 30-day period to either quit smoking or move out of the property. It's essential for landlords to adhere to the specific guidelines and regulations outlined in the Massachusetts General Laws Chapter 186, Section 19B, when drafting and serving an eviction notice for smoking. This includes providing the notice in writing, accurately stating the details of the violation, and delivering it to the tenant through certified mail or in person with a witness. Keywords: Massachusetts Eviction Notice, Smoking, tenant, violation, no-smoking policy, rental property, consequences, warning, eviction proceedings, lease agreement, 7-Day Notice to Quit, 14-Day Notice to Quit, 30-Day Notice to Quit, Massachusetts General Laws Chapter 186, Section 19B, guidelines, regulations, draft, serving, certified mail, witness.

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FAQ

Your landlord must first send you a "Notice to Quit" your tenancy. If the landlord is terminating your tenancy for non-payment of rent, s/he must send you a "14-Day Notice to Quit" (M.G.L.c.186, §§ 11 and 12). Your lease will specify the notice requirement for other terminations; it is typically seven days.

Your landlord must send you a special form with the Notice to Quit in non-payment of rent cases. This form tells you what help you can get to stop an eviction. If your landlord does not give you this form, it is against the law for them to file a non-payment eviction case in court. You may be able to stop the eviction.

The 14 day notice to quit, can be filed after any point when rent is due and has not been paid. Massachusetts does have a 15 day grace period, hence the 14 day notice to quit, which includes the first day the rent was due and 14 more days in which you are required to allow the tenant to pay overdue rent.

Is smoke-free housing legal? Yes, it's completely legal. There is no legal "right to smoke" in residential buildings that have multiple units, in Boston, the state of Massachusetts, or anywhere in the U.S.

Your landlord may attempt to evict you if you have not been paying your rent, or if you or people under your control have caused excessive damage to your apartment or you have violated the terms of your lease. Your landlord must first send you a "Notice to Quit" your tenancy.

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).

A smokefree building does not mean that people who smoke cannot live in the building, or that people who smoke must quit. It simply means that people cannot smoke inside the building or in other areas specified in the policy, such as on balconies and patios.

If you do not have a lease and are a tenant at will, a landlord does not have to state any reason for wanting to evict you. Until individual cities or the state changes the law, no fault evictions, where a landlord is evicting a tenant who has done nothing wrong, are lawful in Massachusetts.

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Your landlord must send you a "14-Day Notice to Quit" if terminating your tenancy for non-payment of rent (M.G.L. c. 186, § 12). If it is being terminated for ... The first step in the eviction process is to end the tenancy. If you want to end the tenancy because the tenant hasn't paid rent, you need a written 14 days ...If you smell smoke again, tell your landlord and write about it in your journal. Write another letter. Explain exactly when you smelled the smoke. If your ... May 3, 2015 — The landlord can have the tenant sign a “NO-SMOKING ADDENDUM” to the lease, and this will forbid the tenant and guests from smoking anywhere on ... Aug 16, 2023 — Send a clear written notice; Fill out the forms; Serve the tenant; Attend the trial; Wait for judgement. Every eviction process is different and ... How to Transfer: Complete the Notice to Transfer form (available on the Mass. Court website) and file it in three places: the District Court; the Housing Court;. Apr 25, 2020 — Start posting notices on smoking ban. Give them a deadline to meet the request. Put every request and Violation in writing & make sure the lease states that ... Jun 3, 2021 — The Smoking Violation Notice will inform the tenant of the lease violation, reiterate the smoking policy and notify tenant of consequences. Assuming your tenant doesn't pay or move out, you must file a summons and complaint with the court to begin the Massachusetts eviction process. ... smoking, among ... [SAMPLE] NOTICE OF RULE CHANGE: NO SMOKING IN BUILDING. 25. [Insert date]. RE: [Insert length of notice: 30 days, 90 days, etc.] Notice Change in terms of ...

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Massachusetts Eviction Notice for Smoking