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Massachusetts Summary Process Answer
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FAQ
A 14-day notice to quit means your tenancy is terminated 14 days after you get the notice. This is the first step in an eviction. If you have a lease, any clause in the lease saying that the landlord can end your tenancy for non-payment of rent without giving you a 14-day notice is illegal.
Overview of the Eviction Process Eviction cases are technically called summary process actions.The purpose of a summary process case is for a judge to determine who should have possession of your apartmentyou or your landlord.
The above are some of the many factors that help answer how long an eviction in Massachusetts take. Generally, an uncontested eviction will take between one to two months. A contested eviction, with requests for discovery and a jury trial, can take anywhere from three to six months.
Like all other evictions, the landlord must issue a notice to quit to the tenant stating the specifics of the offenses. If the tenant has a standard form lease, the notice to quit will typically be a 7 day notice. For tenants without a written lease, it's a gray area, but I would use a 30 day notice.
In the Commonwealth of Massachusetts, summary process is the procedure by which a landlord evicts a residential tenant through the court. Summary process is governed by the Uniform Rules of Summary Process, which can easily be found online.
Failure to Pay Rent A landlord can evict a tenant for not paying rent, but the landlord must first give the tenant a 14-day notice, after rent is due but not paid. The notice must state that the tenant has 14 days to either pay rent or move out of the rental unit, or the lease will terminate.
Pay any delinquent rent that is due to the landlord within the allotted time of the notice. Move out of the premises within the allotted time of the notice. File an answer with the judicial court. File a motion to stay with the court.
TIP! You may need to hire an attorney. A formal eviction is a civil case, which means a property manager or agent CANNOT file documents with the court or appear in court for the property owner. The owner must represent him or herself or hire an attorney.