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Massachusetts Summary Process Answer

Category:
Statewide - Housing Court
State:
Massachusetts
Control #:
MA-SKU-0413
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Description

Summary Process Answer
Massachusetts Summary Process Answer is the legal document filed by a tenant in Massachusetts to respond to a landlord's complaint for eviction, also known as a Summary Process Complaint. The Answer is the tenant's opportunity to provide a defense against the eviction. It must be filed in court within 10 days of the tenant receiving the Summary Process Complaint. The Answer must contain all the tenant's defenses, including any applicable state or local laws or regulations that the tenant believes protect them from eviction. The Answer may include an Affirmative Defense, which is an argument that the complaint should be dismissed because of an issue with the landlord's complaint, or a Counterclaim, which is an argument that the landlord owes the tenant money, such as for unpaid rent or damages. The Answer must be signed by the tenant, and must include their current address. If the tenant is represented by an attorney, the Answer must also include the name and address of the attorney.

Massachusetts Summary Process Answer is the legal document filed by a tenant in Massachusetts to respond to a landlord's complaint for eviction, also known as a Summary Process Complaint. The Answer is the tenant's opportunity to provide a defense against the eviction. It must be filed in court within 10 days of the tenant receiving the Summary Process Complaint. The Answer must contain all the tenant's defenses, including any applicable state or local laws or regulations that the tenant believes protect them from eviction. The Answer may include an Affirmative Defense, which is an argument that the complaint should be dismissed because of an issue with the landlord's complaint, or a Counterclaim, which is an argument that the landlord owes the tenant money, such as for unpaid rent or damages. The Answer must be signed by the tenant, and must include their current address. If the tenant is represented by an attorney, the Answer must also include the name and address of the attorney.

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FAQ

In a summary process case, the landlord can sue the tenant for unpaid rent, even if the tenancy was ended for a reason other than not paying rent. The summons and complaint form includes a section for the landlord to specify the rent that's owed.

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.

In order to appeal a summary process case, an appealing defendant must either pay an appeal bond or file a motion to waive the appeal bond. The appeal bond is money that is held by the court to be paid to the plaintiff if the plaintiff prevails on appeal, or returned to the defendant if the appeal is successful.

Fees NameFeeUnitFiling for eviction (in Housing Court)$120eachFiling for eviction (District Court/BMC)$180eachSurcharge$15eachRequired summons$5each1 more row

File for Eviction The laws say the court process must start on a Monday between 7 and 30 days from when the summons was served. This is called the "entry date".

The landlord or tenant can end a month-to-month tenancy-at-will by giving a written 30 days (minimum) notice to quit that must expire at the end of a rental period. Pay special attention if the notice to quit is given in February, which has less than 30 days.

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.

Filing your answer You should fill out and file an answer with the court and serve a copy to the landlord or their attorney by the deadline in the complaint. An answer is the official court document that explains your side of the case.

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More info

Section 1 - Summary Process (Eviction) Answer. For each numbered paragraph of the landlord's Complaint, select whether you Agree, Disagree, or Do Not Know.A collection of court forms and information related to summary process (eviction). File an affidavit or answer with the court. Eviction cases in Mass. Have special rules of procedure and are called Summary Process actions. This is a summary of the eviction process. After completing your Appearance (see JD-CL-12 on page 11), you should then file an Answer to your landlord's complaint. The clerk's office will provide you. They also have a hotline to answer questions about tenants rights and responsibilities, habitability issues, and other concerns.

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