Eviction Services
The process of eviction can be long and arduous. The Housing
Court department of Massachusetts offers voluntary mediation if
both parties wish to attempt to solve their conflict out of
court. If this does not seem viable, the other option is to
start the eviction process.
The three most common reasons for evicting a tenant are the
non-payment of rent, the expiration of the lease, or a violation of
the lease. The first step in an eviction is to determine what
kind of lease exists between the tenant and the landlord. There
are two main types of tenancies, a tenancy at will and a tenancy
under lease. A tenancy at will is usually identified by the
provision it has for termination, stating that either party in
the lease, the landlord or tenant, can terminate the agreement
by giving a written Notice to Quit that states the relationship
will end in a time that is equal to a rental payment or thirty
days, whichever is longer.
Most evictions arise over non-payment of rent. If it is a
tenancy at will, the landlord must give a written Notice to Quit
that allots the tenant 14 days to vacate the property, or to pay
in full the rent owed along with interest and cost of suit, to
the landlord or the attorney representing the landlord. If the
tenant is under a lease, and the reason for the termination of
the lease is nonpayment, a Notice to Quit must be given to the
tenant, who has 14 days to comply. If the tenant has been
involved in an illegal activity, such as drug use, the landlord
has the right to an expedited eviction process through the
court.
After the Notice to Quit has expired, the landlord may ensue
to serve a Summary Process Summons and Complaint form upon the
tenant. This document must be obtained from the court, and can
only be served by those who have the proper qualifications and
training, such as the Norfolk County Deputy Sheriffs. The
Summary Process Summons and Complaint instructs the tenant when
to come to court, as well as instructing them to file an answer
with the court before trial. If the tenant does not arrive at
court on their scheduled trial, the landlord will automatically
be granted the Summary Process Summons and Complaint case.
If the landlord wins the Summary Process Summons and
Complaint case, the tenant has ten days to comply and vacate the
property. After the ten days have passed, the landlord can
request an execution. The landlord cannot cut off essential
services, lock out a tenant, or remove a tenant from the
premises by themselves. The landlord can only evict the tenant
with the assistance of a constable or sheriff. A court ordered
execution authorizing the eviction is addressed to the deputy
sheriff, and they are required to give 48 hours notice to the
tenant before the actual eviction is to take place. Executions
are good for 90 days for the acquirement of the property or
unit, and the monetary portion is good for twenty years from the
date issued.
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