Boston Massachusetts Landlord Tenant Eviction / Unlawful Detainer Forms Package

State:
Massachusetts
City:
Boston
Control #:
MA-EVIC-PKG
Format:
Word; 
Rich Text; 
PDF
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Description

This package contains the essential state-specific forms a landlord needs to evict a tenant. If you need to get rid of an unwanted tenant, this money-saving package ensures that you follow the rules of your state. Included in this package are the following forms:



14 Day Notice to Pay Rent or Lease Terminated for Residential Property - This form is used by a landlord to demand payment of overdue rent from a residential tenant within 14 days from giving the notice, in accordance with the laws of your state. (Note: If a written agreement provides for a longer notice, use the notice length stated in the agreement). "Residential" includes a house, apartment, or condo. If the tenant fails to pay within 14 days, the lease may be considered terminated by the landlord. The tenant is informed that the tenant must either pay the rent or suffer possible termination. If he does not pay, the landlord may begin eviction proceedings. If the landlord does not elect to proceed with termination or eviction, but instead agrees to accept rent after the termination date stated in the notice, the lease is generally reinstated.



14 Day Notice to Pay Rent or Lease Terminated for Nonresidential or Commercial Property - This form is used by a landlord to demand payment of overdue rent from a non-residential tenant within 14 days from giving the notice, in accordance with the laws of your state. (Note: If a written agreement provides for a longer notice, use the notice length stated in the agreement). "Non-Residential" includes commercial, industrial, etc. property. If the tenant fails to pay within 14 days, the lease may be considered terminated by the landlord.



31 Day Notice to Terminate Month-to-Month Lease from Landlord to Tenant - This form is for use by a landlord to terminate a month-to-month lease. Unless a written agreement provides otherwise, the landlord does not have to have a reason for terminating the lease in this manner, other than a desire to end the lease. A month-to-month lease is one which continues from month-to-month unless either party chooses to terminate. Unless a written agreement provides for a longer notice, 31 days notice is required prior to termination in this state. The notice must be given to the tenant within at least 31 days prior to the termination date. The form indicates that the landlord has chosen to terminate the lease, and states the deadline date by which the tenant must vacate the premises.



Affidavit Under Summary Process Rule 10D - This affidavit is filed by a landlord as part of the summary process eviction procedures



Summary Process Summons and Complaint - This form is the complaint used by a landlord to initiate the eviction process in court.



Civil Contempt Summons - Summary Process Action - This is filed along with the complaint for summary process to inform the tenant that he/she needs to file an answer to the eviction action.




Motion for Issuance of Execution - This form is used by a landlord after winning an eviction case to ask the court to order the sheriff to remove the tenant from the premises.

The Boston Massachusetts Landlord Tenant Eviction / Unlawful Detained Forms Package is a comprehensive collection of legal documents designed to facilitate the eviction process between landlords and tenants in Boston, Massachusetts. These forms are specifically designed to comply with the state's relevant laws and regulations governing landlord-tenant relationships and rental property disputes. The forms package includes various documents that are required to initiate and complete the eviction process in a legal and efficient manner. These documents are typically used by landlords to notify tenants of their intention to regain possession of the rental property and to file for an eviction in a Boston court. Additionally, the package also provides forms for tenants, enabling them to respond to eviction notices and defend themselves in court if necessary. Some key forms included in the Boston Massachusetts Landlord Tenant Eviction / Unlawful Detained Forms Package may include: 1. Notice to Quit: This is a crucial document serving as a formal notice from the landlord to the tenant, stating the reasons for initiating the eviction process. 2. Summons and Complaint: This form is used to officially file an eviction lawsuit with the appropriate court in Boston. It outlines the legal grounds for eviction and notifies the tenant of the scheduled court hearing. 3. Answer and Counterclaim: This document allows the tenant to respond to the eviction lawsuit, presenting their own arguments, defenses, or counterclaims against the landlord's allegations. 4. Discovery Requests: These forms enable both parties to request information, documents, or evidence from each other during the court proceedings. 5. Judgement and Execution: If the court rules in favor of the landlord, this form is used to obtain a judgement to regain possession of the rental property and execute the eviction, if necessary. 6. Motion to Stay Execution: This document allows tenants to request a temporary suspension of the eviction process. It is worth mentioning that while the basic eviction process remains the same, there may be different types of Boston Massachusetts Landlord Tenant Eviction / Unlawful Detained Forms Packages available. These variations may cater to specific circumstances, such as non-payment of rent, lease violations, or illegal activities on the premises. Overall, the Boston Massachusetts Landlord Tenant Eviction / Unlawful Detained Forms Package is a comprehensive resource that simplifies and streamlines the eviction process for landlords and tenants in Boston, Massachusetts. These forms ensure compliance with the relevant legal requirements and provide an effective legal framework for resolving disputes in a fair and equitable manner.

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FAQ

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.

Depending on the reason for eviction, a landlord must provide the tenant either a 14-Day or 30-day Notice to Quit. A landlord must then file a civil action (summary process) in court, and get a judgment from the court that specifies the date that the tenant must leave the rental property with their belongings.

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.

A tenancy-at-will can be either oral or written. 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.

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).

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.

If you do not have a lease and are a tenant at will, a landlord does not have to state any reason for wanting to evict you. Until individual cities or the state changes the law, no fault evictions, where a landlord is evicting a tenant who has done nothing wrong, are lawful in Massachusetts.

The Constitution provides that no person's property may be taken away from him/her and that no person may be evicted from his/her home without a court order. This means that an owner or a person in charge of a property (?landlord?), must apply to court before evicting a person (?tenant?) from his/her property.

In Massachusetts, landlords cannot evict a tenant or force them to vacate the property without probable cause. As long as the tenant does not violate any rules, they can stay until their rental period ends.

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The permanent removal of a tenant from a rental property.

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Boston Massachusetts Landlord Tenant Eviction / Unlawful Detainer Forms Package