If you are a landlord bringing a summary process (eviction) case against a tenant in Massachusetts, the rules have changed. Previously, a landlord would send a Notice to Quit and, once it expired, would make legal “entry” to the apartment or tenement by serving and filing the Summons and Complaint with the local District or…
Read moreTransferring Your Case to Housing Court from District Court
Massachusetts law allows a landlord to file in District Court as well as Housing Court. This is because Housing Court is a relatively “new” court that was initiated in the 1970s and 80s. The result was that certain areas, like the upper and lower Cape, were not covered by Housing Court jurisdiction, leaving the District…
Read moreMassachusetts Residential Security Deposit Law (3x Deposit) – M.G.L. c.186 s.15B
When moving into an apartment or rental in Massachusetts, the landlord is limited to charging a First Month’s Rent, Last Month’s Rent, Security Deposit, and a one-time reasonable lock and key charge. That’s it and the Last and Security cannot exceed the monthly rent. The Massachusetts Security Deposit Law is renowned for its triple-damages clause…
Read moreFAQ: Massachusetts Landlord-Tenant Questions Answered
Q: What is a Summary Process case? A: It’s the same thing as an eviction case in Massachusetts. It’s the only way to get a tenant out in Massachusetts. Self help evictions are illegal. Q; What is a Notice to Quit? A: A notice to quit is a carryover from English common law – which…
Read moreEviction Case: Timeline In Massachusetts
The Massachusetts tenant has a right to an eviction case per case law and M.G.L. c.186 and c.239, except for rare circumstances like a police raid – covered instead by M.G.L. c.139 s.19. Merely changing the locks or using other “self-help” means for eviction will likely result in the tenant winning money from the landlord and…
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