Massachusetts Eviction Notice for Smoking
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How to fill out Eviction Notice For Smoking?
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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.
