This package contains the essential state-specific forms a landlord needs to evict a tenant. If you need to get rid of an unwanted tenant, this money-saving package ensures that you follow the rules of your state. Included in this package are the following forms:
14 Day Notice to Pay Rent or Lease Terminated for Residential Property - This form is used by a landlord to demand payment of overdue rent from a residential tenant within 14 days from giving the notice, in accordance with the laws of your state. (Note: If a written agreement provides for a longer notice, use the notice length stated in the agreement). "Residential" includes a house, apartment, or condo. If the tenant fails to pay within 14 days, the lease may be considered terminated by the landlord. The tenant is informed that the tenant must either pay the rent or suffer possible termination. If he does not pay, the landlord may begin eviction proceedings. If the landlord does not elect to proceed with termination or eviction, but instead agrees to accept rent after the termination date stated in the notice, the lease is generally reinstated.
14 Day Notice to Pay Rent or Lease Terminated for Nonresidential or Commercial Property - This form is used by a landlord to demand payment of overdue rent from a non-residential tenant within 14 days from giving the notice, in accordance with the laws of your state. (Note: If a written agreement provides for a longer notice, use the notice length stated in the agreement). "Non-Residential" includes commercial, industrial, etc. property. If the tenant fails to pay within 14 days, the lease may be considered terminated by the landlord.
31 Day Notice to Terminate Month-to-Month Lease from Landlord to Tenant - This form is for use by a landlord to terminate a month-to-month lease. Unless a written agreement provides otherwise, the landlord does not have to have a reason for terminating the lease in this manner, other than a desire to end the lease. A month-to-month lease is one which continues from month-to-month unless either party chooses to terminate. Unless a written agreement provides for a longer notice, 31 days notice is required prior to termination in this state. The notice must be given to the tenant within at least 31 days prior to the termination date. The form indicates that the landlord has chosen to terminate the lease, and states the deadline date by which the tenant must vacate the premises.
Affidavit Under Summary Process Rule 10D - This affidavit is filed by a landlord as part of the summary process eviction procedures
Summary Process Summons and Complaint - This form is the complaint used by a landlord to initiate the eviction process in court.
Civil Contempt Summons - Summary Process Action - This is filed along with the complaint for summary process to inform the tenant that he/she needs to file an answer to the eviction action.
Motion for Issuance of Execution - This form is used by a landlord after winning an eviction case to ask the court to order the sheriff to remove the tenant from the premises.
Title: Understanding Ma Eviction Tenant at Sufferance: Types and Detailed Description Introduction: Tenant-at-sufferance is a legal term used in Massachusetts that refers to a specific situation where a tenant remains on the premises after their lease or rental agreement has expired or been terminated. This article provides a detailed description of what Ma eviction tenant at sufferance entails, highlighting its key aspects and relevant keywords. Keywords: Ma eviction tenant at sufferance, Massachusetts tenant laws, illegal tenant occupancy, lease expiration, rental agreement termination. 1. Definition and Legal Ramifications: Tenant at sufferance refers to a scenario where a tenant holds possession of a property, even though their legal right to occupy it has ceased. They are no longer entitled to the property's possession or occupancy due to the expiration of their lease or the termination of the rental agreement. The tenant becomes an "unlawful occupant" or "holdover tenant" under Massachusetts law. 2. Determining the Tenant-at-Sufferance: To identify a tenant at sufferance, the landlord or property owner must establish that: — The tenant's lease or rental agreement has expired, or the agreement has been terminated by either party. — The tenant remains on the property without permission from the landlord or the legal right to occupy it. — The landlord has communicated clearly to the tenant about the termination of the lease or expiration of the rental agreement. 3. Evicting a Tenant at Sufferance: When dealing with tenant-at-sufferance situations in Massachusetts, landlords must follow established legal processes to regain possession of their property. The eviction process includes the following steps: a. Notice to Quit: The landlord must serve a written notice to quit to the tenant, clearly stating that their occupancy is illegal and that they must vacate the premises within a specific time frame (typically 30 days). b. Summons and Complaint: If the tenant fails to comply with the notice to quit, the landlord may file a summons and complaint at the court specifying the nature of the violation and the need for eviction. c. Court Judgment: The case will be scheduled for a hearing, where the court will evaluate the evidence presented by both parties. If the court rules in favor of the landlord, it will issue a judgment for possession of the property. d. Writ of Execution: Following the court judgment, if the tenant still refuses to vacate, the landlord can request a writ of execution, enabling the sheriff or constable to remove the tenant forcefully. 4. Other Types of Evictions in Massachusetts: While tenant-at-sufferance is one common type of eviction, there are other categories under Massachusetts law that landlords may encounter: — Eviction for non-payment omenen— - Eviction for breach of lease terms — No-fault evictions (such as owner-occupancy or substantial renovations) — Eviction of tenants engaging in criminal activities Conclusion: Tenant at sufferance is a legal status in Massachusetts that arises when a tenant remains on the property despite the expiration of their lease agreement or its termination. Understanding the process and legal obligations involved in evicting such tenants is crucial for landlords to regain control of their properties. By following the proper legal procedures, landlords can successfully address tenant-at-sufferance situations and ensure their rights as property owners are upheld.
