The type of notice served to the tenant will depend on the reason they’re being evicted and whether the tenancy is fixed-term or at-will (no fixed termination date). In nearly all eviction circumstances, the landlord will need to serve the tenant with an eviction notice that outlines the cause of eviction, the notice period, and whether remedial actions can be taken to prevent a lawsuit. To start this legal procedure, the landlord will have to serve the tenant with a notice to quit. The legal process through which an eviction order is obtained is known as a “summary process” action. Landlords can only force a tenant to vacate if they are awarded an eviction order from the court. 186 § 12): Thirty (30) Days or One (1) Full Rental Term Non-Compliance (At-Will Tenancy) ( Ch.Non-Compliance (Fixed-Term Tenancy): Not mentioned in state statutes.186 § 12): Ten (10) Days to Pay / Fourteen (14) Days to Vacate Non-Payment of Rent (At-Will Tenancy) ( Ch.Non-Payment of Rent (Fixed-Term Tenancy) ( Ch.30-Day Notice to Terminate Month-to-Month Lease.Immediate Notice to Quit for Illegal Activity.10/14-Day Notice to Quit for Non-Payment.Immediate Notice to Quit for Illegal Activity– While the use of this notice is not legally required, it may be used to inform a tenant that they are being evicted due to illegal acts committed on the premises.ģ0-Day Notice to Terminate Month-to-Month Lease– Informs a tenant or landlord that a month-to-month rental agreement will terminate in thirty (30) days or one (1) rental term, whichever is longer. If there is a lease, the notice period must comply with the lease terms. If there is no lease, the notice period will be thirty (30) days or one (1) rental period, whichever is longer. Notice to Quit for Non-Compliance– For tenants who violate the conditions of their rental agreement. The tenant may retain their tenancy by paying rent at any point before their answer is due in court.ĭownload: PDF, Word (.docx), OpenDocumentġ0/14-Day Notice to Quit for Non-Payment– Suitable for at-will tenancies only, this notice provides tenants with ten (10) days to pay rent or fourteen (14) days to move out. By Type (5)ġ4-Day Notice to Quit for Non-Payment – An eviction notice for fixed-term tenancies that instructs tenants to pay rent or vacate the premises. “summary process” action, without providing advance notice to the tenant. In these cases, the landlord may initiate the eviction lawsuit, a.k.a. The exceptions to this rule occur when the tenant commits illegal activity on the premises or fails to vacate after losing their right to occupancy. Generally, landlords can only file for eviction if the tenant fails to comply with the notice within the designated notice period. A Massachusetts eviction notice informs a tenant that they may be evicted for the non-payment of rent, non-compliance with the rental terms, or for engaging in illegal activity on the premises of a rental property.
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