Massachusetts Complaint to Terminate Lease

State:
Multi-State
Control #:
US-60977
Format:
Word; 
Rich Text
Instant download

Description

This complaint provides that plaintiff seeks declaratory relief and the removal of a cloud from plaintiff's title to certain property. Plaintiff demands that defendant pay all due rents and that the disputed lease agreement be terminated.
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FAQ

Is Your Lease Legal. Both you and your landlord must sign your lease. Within 30 days of signing it, the landlord must give you a copy.

If the lease expires without action or renewal, the tenant does not become a squatter. Under Massachusetts law, they become either a "tenant at will" or a "tenant at sufferance" . The difference is whether they have the landlord's permission to remain.

In a tenancy-at-will the tenant pays the agreed-upon rent each month for an indefinite period of time. Either the landlord or the tenant can decide to end the tenancy by giving the other party notice either 30 days or one month before the due date of the next rent payment, whichever is longer.

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 any other reason, you must be given written notice 30 days, or one full rental period in advance, whichever is longer.

You may be able to legally move out before the lease term ends in the following situations. You Are Starting Active Military Duty. ... The Rental Unit Is Unsafe or Violates Massachusetts Health or Safety Codes. ... You Are a Victim of Domestic Violence. ... Your Landlord Harasses You or Violates Your Privacy Rights.

A summary process (eviction) summons and complaint is the next step after a notice to quit. You must go to court to get a justice's signature and then see that this notice is delivered to the tenant in ance with Massachusetts law. You must hire a constable or the sheriff to serve the summons and complaint.

In addition, the Massachusetts Communities and Development Housing Services Program or the local housing court can help resolve a dispute between a landlord and a tenant. If you need help, please contact the Attorney General's Consumer Hotline at (617) 727-8400.

It's important to note that, technically, tenants can break a lease for any reason. However, if they try to do it without a valid one, they may have to pay penalties to mitigate the damages the landlord may get.

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Massachusetts Complaint to Terminate Lease