Evictions are on the rise again in Massachusetts and the Housing
Courts are packed with summary process cases. In order to successfully regain possession of the apartment and/or obtain a judgment for the outstanding rental balance, Landlords need to be certain that the tenancy was property terminated. Failure to properly terminate the tenancy could be fatal to any eviction.
In Massachusetts, landlords can terminate a tenancy primarily for three principal reasons:
1. Nonpayment of rent;
2. For cause/material lease violations; and
3. Termination of tenancies at will.
Nonpayment of Rent
According to M.G.L. c. 186 §§ 11 & 12, if a tenant fails to pay his/her rent in full and on time, the landlord can terminate the tenancy by serving the tenant with a fourteen-day notice to quit. If the tenant does not satisfy the outstanding rental balance by such time, the landlord has the immediate legal right to commence summary process eviction proceedings to remove the tenant from the premises and obtain a judgment for the back-rent owed.
“For Cause” Evictions
Material lease violations may warrant an eviction. Specifically, if a tenant’s misconduct is repeated and/or constitutes a material breach of the parties’ lease agreement, M.G.L. c. 186 § 12 entitles the landlord to terminate the tenancy on a full rental period’s notice. To do so, the landlord serves the tenant with a thirty-day notice to quit. If the tenant’s misconduct continues and/or otherwise cannot be cured upon expiration of the notice to quit, the landlord can commence summary process eviction proceedings to regain possession of the premises. However, contrary to what some may think, a thirty-day notice to quit does not expire thirty days after the date of the letter. Rather, the notice to quit expires a full rental period after it was issued.
Tenancies at Will
Tenants without a lease agreement and/or tenants who continue to reside in the apartment (and pay rent) after their lease term has expired are considered tenants-at-will or month-to-month tenants by operation of law. In those cases, either the landlord or the tenant can terminate the tenancy by providing the other party with a full rental period’s notice. These are called “No-Fault Evictions” as the landlord does not need a reason to terminate the tenancy and can simply choose to not rent the apartment to the tenant for another term. If the tenant fails to vacate, the landlord can file an action in Housing Court to regain possession.
All notices to quit require specific statutory language. Failure to include these crucial details could render the notice to quit defective and eliminate the landlord’s ability to evict.
Dillon Brown is a junior partner in the condominium, real estate, and landlord/tenant departments of Marcus Errico Emmer & Brooks, P.C. He focuses his practice on representing condominium associations, condominium developers, as well as residential and commercial landlords. Dillon can be contacted at dbrown@meeb.com.
