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

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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.

Massachusetts Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term is a legal document used by landlords in Massachusetts to initiate legal proceedings against tenants who continue to occupy the property after the lease has expired. This complaint is filed in court and serves to initiate eviction proceedings against the tenant for holding over the premises. Keywords: Massachusetts, Complaint for Unlawful Detained, tenant holding over, expiration of term, legal proceedings, landlords, eviction, court, lease, premises. Different types of Massachusetts Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term may include: 1. Residential Unlawful Detained: This complaint is filed when the tenant of a residential property refuses to vacate the premises after the lease term has ended. 2. Commercial Unlawful Detained: This type of complaint is filed when a commercial tenant fails to vacate a commercial property after the lease term has expired. 3. Nonpayment of Rent Unlawful Detained: In some cases, a tenant may continue to occupy the property after the lease has ended due to rent nonpayment. This type of complaint focuses on both the tenant's holding over and nonpayment of rent. 4. Month-to-Month Unlawful Detained: If a tenant has a month-to-month lease agreement, but fails to vacate the property after proper notice has been given, this complaint is used to initiate legal proceedings. 5. Notice to Quit Unlawful Detained: In situations where the landlord has previously issued a "notice to quit" to the tenant due to lease expiration, this complaint is used when the tenant refuses to leave the premises. It is important to consult with a legal professional or attorney when dealing with an unlawful detained situation, as the specific details and requirements may vary depending on the jurisdiction and circumstances of the case.

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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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When complaints or disputes with tenants arise, investigate them and address them quickly. Ignoring tenant complaints or flatly refusing to address them can ... Landlords of tenants with rent subsidies must follow the eviction procedures in their rent subsidy contract and lease agreement. Summary process and complaint.Oct 21, 2021 — If the tenant does not vacate the property after the expiration of the notice period, the next step is to file a lawsuit in court for unlawful ... May 4, 2013 — The eviction would be for the hold over and not a wrongful eviction where you would counterclaim or defend. I am not sure what defense a tenant ... You will fill out this notice and give it to your tenant who you are evicting. This is your official notice to the tenant that you want them to leave the. Oct 31, 2022 — Typically, the landlord will first give the tenant a notice of the tenant's violation, often called a Notice to Quit. If the tenant does not fix ... Apr 12, 2023 — Failure to Pay Rent or Breach of Lease), then a Complaint and Summons Against a Tenant Holding Over is not the proper method of evicting the ... It terminates automatically at the end of the period specified. Generally, a written lease provides that if a tenant holds over after the fixed term expires, ... by MA General — If a tenant does not pay the full rent by the due date the landlord may start the process of taking legal action in court to evict the tenant, although most. You are served with court papers for eviction--a summons and a ”Forcible Entry and Detainer Complaint". ... Fill it in just like on the Complaint that was served ...

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