Cambridge 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
Unless there is a provision in the lease to the contrary, a commercial landlord must provide a 14-day notice to quit to a commercial tenant failing to pay rent (M.G.L. c. 186, § 11A and see Standard Document, 14-Day Notice to Quit (Tenancy for Years) (Evictions) (MA)).
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.
It depends on the availability of the court officials and how fast they can respond once the Writ of Possession is released. Tenants have 7 days to vacate the property. On average, it would take anywhere between 14 days to 80 days for a complete eviction process.
The easiest way to start the process of evicting a commercial tenant is to file for a Possession Claim from the County Court. The Government has an online Court and Tribunal Finder and you'll need to find the court which is closest to the commercial property itself.
The landlord can sue the tenant for unpaid rent (or for other damages) in either a civil or a small claims case. The landlord may consider this if the tenant owes rent but has moved out before the landlord files an eviction case.
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.
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.
How you go about evicting a commercial tenant in California will depend on what your lease dictates, as well as the type of notice you send out. The usual notice is that of 30 or 60 days. The notice will vary based on which part of the lease your tenant breached. For example: Did they fail to pay rent?
A break clause is written into the commercial lease from the outset and allows a Tenant (and even a Landlord) to end a lease early by serving a notice on the other party.