Boston Massachusetts Notice of Default in Payment of Rent as Warning Prior to Demand to Pay or Terminate for Nonresidential or Commercial Property
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How to fill out Massachusetts Notice Of Default In Payment Of Rent As Warning Prior To Demand To Pay Or Terminate For Nonresidential Or Commercial Property?
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FAQ
If you want to end the tenancy because the tenant hasn't paid rent, you need a written 14 days notice to quit, unless the lease says otherwise. For other circumstances, the eviction process is different depending on the type of tenancy you have with your tenant.
If your tenant is not paying their rent as per the terms of their tenancy agreement, it's possible for you to start eviction proceedings against them.
A landlord can bring a possession order against the tenant of a commercial property by virtue of section 25 of the Act or by forfeiture.
If a physical eviction is allowed, the court will give the landlord the execution 10 days after the judgment is entered. 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.
Even if the landlord and tenant have opted out of sections 24 to 28 of the Landlord and Tenant Act 1954 (see the next section), it is still safest for the Landlord to give at least 3 months notice (or however much is required by the lease).
If your tenants have breached any terms of the lease, you are required to serve a 146 notice before you can take action to reclaim possession of the property. This notice will be served by your solicitor to all relevant parties which includes the tenant, any subtenants, and your mortgage provider.
Late Payment Penalty: A landlord cannot charge interest or a penalty on late rent until 30 days after the due date. However, the landlord can begin the eviction process immediately, even if the rent is only one day overdue. The landlord also cannot use a reverse penalty clause to encourage you to pay early.
Massachusetts Eviction Timeline Notice Received by TenantsAverage TimelineIssuing an Official Notice7 ? 30 daysIssuance and Serving of Rule for Possession7-30 days before entering the files to courtCourt Hearing and Judgment10-16 daysIssuance of Writ of Restitution10 days1 more row ?
