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Massachusetts
Complaint for Unlawful Detainer - Tenant Holding Over After...

Massachusetts Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term

Category:

Landlord Tenant - Complaints

State:

Multi-State

Control #:

US-03329BG

Format:

Instant download

Description

A forcible entry is an entry on real property in the peaceful possession of another, against the occupant's will, without legal authority, with actual or threatened force. Forcible detainer arises after entry, whether forcible or not, and usually consists of the unlawful holding of real property by force or by threats or menaces after a peaceable entry -- as in the case of a hold-over tenant.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Complaint For Unlawful Detainer - Tenant Holding Over After Expiration Of Term?

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FAQ

As long as the tenant does not violate any rules, they can stay until their rental period ends. But if they stay in the property even a day after their lease/rental agreement ends and have not arranged for a renewal, landlords can issue a written 30-Day Notice to Vacate.

For example, if a landlord successfully proves their case in court and obtains a judgment for possession, they can legally regain control of the property. The court may also award the landlord compensation for any unpaid rent or other damages incurred during the eviction process.

Although an eviction, on its own, may not show up in a credit report, evictions in Massachusetts are public record. Court records are available on masscourt.org and eviction cases can be searched a party's full name.

How Long Does an Eviction Stay on Your Record? An eviction itself doesn't appear on your credit report. However, any unpaid rent and fees could be sent to collections and remain on your credit report for seven years from the original delinquency date.

In Massachusetts, it is illegal for a landlord, on their own, to remove tenants and occupants and their belongings from a rented apartment, room, or home without first getting a court order. The court case that a landlord files to get a court order is called summary process (the legal term for an eviction).

This requires a standard eviction action, including a 14-day notice. For the holdover tenant, the process is similar to an eviction action except the landlord is not required to give a notice to quit. This is true even if the landlord had been accepting rent after the expiration of the lease.

To expunge an eviction, a tenant typically files a form with the court in person, through mail, or e-filing online. The tenant is also required to serve the landlord involved in the action with notice of the filing.

Visit MassCourts.org to learn more about any given result. We cannot link to individual cases so you must choose the appropriate court department (regions = "Housing Court"; towns = "District Court") and search by "Case Number."

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