LANDLORD/TENANT- NOTICE TO QUIT

Massachusetts law requires that landlord serve a tenant with a notice to quit in order to initiate an eviction in most instances. The law specifies what type of notice to use under what circumstances. Normally, when a tenant owes money, a 14-Day Notice to Quit will suffice. If the tenant does not owe money, then a 30-Day Notice to Quit is the proper procedure to start an eviction process. Failure to follow the statutory provisions can lead to the dismissal of an eviction case if and when it reaches the court system. This is why it is very important to understand when to send a notice to quit, what type of notice to use, and what the notice needs to say in order to be legally valid.
 

As many landlords have found out the hard way, Massachusetts law is very sympathetic towards tenants, even those who have violated their leases or failed to pay rent. An incorrectly drafted or improperly served notice to quit can cause a landlord the frustration of having to re-restart a Summary Process case, re-serve the notice, or worse, it could subject the landlord to civil liability by way of counterclaims in Summary Process proceedings or a separate civil suit. In some cases, landlords are able to successfully navigate a Summary Process hearing without the benefit of legal counsel, however, the risks are high. This is why I recommend utilizing an attorney who knows the Housing Court as we do at Bentley Law Group, LLC.

What should you do about a notice to quit?
 

As a landlord, if you need to send a notice to quit, the first thing you should do is strongly consider hiring an experienced attorney. The cost may appear to be high at first, however, you must think carefully about the risks of proceeding without an attorney, which includes the costs of re-starting the eviction process if you have made any errors causing the court to dismiss your action. Be prepared to answer the attorney's questions about the tenant, the premises and the relationship between the landlord and the tenant. Some of these questions may seem irrelevant, but an experienced attorney knows what to ask in order to get the notice right the first time.

As a tenant if you receive a notice to quit, you may also want to contact an attorney if you have the means to do so. A notice to quit is an important document, and many people can feel intimidated and overwhelmed upon receiving one. The significance of the document should not be understated, however, a knowledgeable attorney will be able to examine the notice and discover if it is in fact legally valid or if it is defective. Defective notices to quit are sometimes served by inexperienced or uncouth landlords, and knowing how to identify a defective notice can be a powerful negotiating tool if you are facing eviction. Tenants who understand their rights and the requirements of the law are in a position to negotiate for a positive outcome in what might initially seem like a desperate or hopeless scenario. 

For landlords, if you decide to hire Bentley Law Group, we will walk you through the process of sending the notice quit, and we will draft and serve the document. From there we can discuss what the next steps of the process are, which might include negotiating with the tenant to avoid further legal action and save costs, or taking the tenant to court. We will be upfront about the costs of each step so that you can budget effectively throughout the proceedings, and we use our knowledge of the law and courtroom procedures to minimize costs to you. 

In the past we have dealt with tenants who fail to pay rent, tenants who engage in lease violations or illegal activities on the premises, unapproved sub-lettors and more. Each case is different and your results can never be guaranteed, but you can be confident that my experience will benefit you. 

For tenants, if you receive a notice to quit or have some other dispute with your landlord, your situation may not be as hopeless or desperate as it initially seems. I offer a wide range of services to tenants at prices that most find palatable. These services include but are not limited to: A limited consultation in which you pay an hourly fee and I advise you based on your circumstances, and provide guidance on how to move forward in order to give you peace of mind; Negotiation on your behalf with your landlord in order to avoid going to court and possibly resolving the situation amicably or at least reasonably; Formally representing you in court if the landlord files suit against you. I have represented tenants in all different circumstances, and in the past I have been able to stop an eviction dead in its tracks due to faulty documents served by the landlord, I have negotiated for tenants to receive time to move, and I have filed suit against landlords who fail to follow the law. All cases are different so your results may vary and are not guaranteed, but you be confident in my knowledge when it comes to landlord-tenant law. 

If you are ready to proceed with a notice to quit or you have recently received one, call the office of Bentley Law Group today to speak to an experienced attorney who will address your needs immediately.  We can be reached at (508) 655-4546.