Massachusetts Complaint or Petition to Recover Possession of Leased Premises after Expiration of the Term of the Lease

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US-00867BG
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This form is a generic pleading that may be referred to when ousting a tenant who has breached the terms of a lease or rental agreement by a tenant who has stayed (held over) after the term of the lease has expired.

In Massachusetts, a Complaint or Petition to Recover Possession of Leased Premises after the Expiration of the Term of the Lease is a legal document that allows a landlord to seek possession of a leased property once the lease agreement has ended. This process is primarily initiated when a tenant fails to vacate the premises after the lease term has expired. The Complaint or Petition to Recover Possession of Leased Premises is typically filed in a housing court or district court within the jurisdiction where the leased property is located. It is important for landlords to understand and follow the specific procedures outlined in the Massachusetts General Laws and applicable local rules and regulations. Key terms and keywords relevant to the Massachusetts Complaint or Petition to Recover Possession of Leased Premises after the Expiration of the Term of the Lease may include: 1. Massachusetts General Laws: Landlords and tenants should familiarize themselves with the relevant sections of the Massachusetts General Laws, especially Chapter 186 which covers residential landlord-tenant law. 2. Notice to Quit: Before filing a Complaint or Petition to Recover Possession, a landlord must first serve a Notice to Quit to the tenant specifying the date by which they must vacate the premises. 3. Summary Process: The legal procedure for resolving residential eviction cases in Massachusetts is known as "summary process." It offers an expedited timeline for resolving these cases. 4. Entry and Detained: A lawsuit in which the landlord seeks possession of the property, along with unpaid rent or damages, is known as an "Entry and Detained" action. 5. Expedited Procedure: In certain circumstances, such as nonpayment of rent, landlords can avail themselves of an expedited procedure that allows for a faster resolution. 6. Counterclaims: Tenants may file counterclaims as part of their response to the Complaint or Petition to Recover Possession. These counterclaims can address issues such as breach of the implied warranty of habitability or violations of tenant rights. It is important to note that different types of Complaint or Petition to Recover Possession may exist in Massachusetts, depending on the specific circumstances of the lease termination. For instance, there could be different procedures for cases involving commercial leases, nonpayment of rent, lease violations, or expiration of the lease period without a renewal agreement. To obtain more accurate and specific information, landlords and tenants are advised to consult with an attorney experienced in Massachusetts landlord-tenant law or visit the official website of the Massachusetts Court System, where detailed forms and instructions for filing a Complaint or Petition to Recover Possession can be found.

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FAQ

Landlord harassment in Massachusetts refers to any behavior by a landlord that interferes with a tenant's peaceful enjoyment of their rental property. This includes the following actions, among others: Unauthorized entry into the rental property without prior notification or consent.

If the lease expires without action or renewal, the tenant does not become a squatter. Under Massachusetts law, they become either a "tenant at will" or a "tenant at sufferance" . The difference is whether they have the landlord's permission to remain.

The tenant or any person rightfully on said premises injured as a result of the failure to correct said unsafe condition within a reasonable time shall have a right of action in tort against the landlord or lessor for damages.

Rent Increases: There is no legal limit to the amount of rent a landlord can charge. However, in order for the rent increase to be valid, the landlord must provide the tenant proper notice of the raise in rent and the tenant must agree to it (signs the lease with the new monthly rent).

Terms of a rental agreement The landlord must make sure that the tenant is given a legible copy of the lease or rental agreement. The lease must not include illegal terms such as: The tenant must pay for the cost of repairing ordinary wear and tear to the apartment.

Tenancy at sufferance refers to holdover tenants of an expired lease who no longer have the landlord's permission to remain in the property, but who have not yet been evicted.

In Massachusetts, a landlord must send a tenant a Notice to Quit before the landlord can file a summary process (eviction) action. The Notice to Quit is a legal document that formally notifies the tenant that the tenancy will be terminated on a specific date.

Holdover tenant refers to a renter staying in the property after their lease terminates without signing a new lease.

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Landlords of tenants with rent subsidies must follow the eviction procedures in their rent subsidy contract and lease agreement. Summary process and complaint. Sep 11, 2023 — Provides an overview of the eviction process and a short video that explains legal requirements for service of a complaint. Housing appeals ...How to fill out Petition Possession Form? · Make use of the Preview function and read the form description (if available) to ensure that it's the appropriate ... 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 ... A tenancy at will of property occupied for dwelling purposes shall not be terminated by operation of law by the conveyance, transfer or leasing of the premises ... (c) No lease or other rental agreement shall impose any interest or penalty for failure to pay rent until thirty days after such rent shall have been due. (d) ... Feb 4, 2023 — These forms can be used to file or respond to an eviction lawsuit based on non-payment of rent, a lease violation, illegal conduct, ... Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment within the Premises or ... In expiration of lease cases, the notice must inform the tenant that his lease is being terminated, direct him to vacate the premises on a given date, inform ... Oct 17, 2017 — Gather all the facts. 2. Review lease terms, amendments and correspondence. 3. Evaluate remedies, risks and opportunities.

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Massachusetts Complaint or Petition to Recover Possession of Leased Premises after Expiration of the Term of the Lease