Evicting tenants can be an overwhelming experience for both the landlord and the leaseholder. When this action is necessary, landlords who hire landlord-tenant law attorneys seek to ensure they comply with the state’s processes. Knowing the real estate law that applies before filing a summons and eviction complaint helps reduce the frustration and protects the interests of both parties. 

What Massachusetts Landlord-Tenant Law Requires for Evictions 

Ending the Tenancy

Under state landlord-tenant law, landlords must end a tenancy before going to court for an eviction. Tenants under leases who have failed to pay their rent are entitled to a 14-day written notice to quit from the landlord unless their leases contain other provisions. Landlords must give tenants without leases, called tenants-at-will, at least 30 days written notice to quit. The notice must expire at the end of a rental period.

Stating the Terms of a Notice to Quit

Notices to quit from landlords must state the reason for evicting their tenants, such as failing to pay rent or violating a provision of the lease. Attorneys advise clients that landlords can not evict tenants for illegal reasons, such as not paying rent due to unsafe conditions, or reporting their landlords to state or municipal agencies for code violations. 

Protecting Landlords’ and Tenants‘ Property

If a tenant moves out before eviction and damages the landlord’s property, the landlord can file an action in small claims court for a money judgment to cover the damages. Small claims court has a rent and damages limit of $7,000. When tenants leave personal property behind, it’s wise for landlords to make an inventory, put it in a safe place, notify the tenant, and allow at least 14 days before disposing of it.

Complying with Massachusetts’ landlord-tenant law before evicting a tenant protects the rights of landlords and tenants. The real estate attorneys at Bernardini Law P.C. in Essex County, MA, have a record of ensuring their clients meet the state requirements during the eviction process. By focusing exclusively on property law, they have earned the trust of property owners and renters throughout the area. When you need advice or representation in any real estate law matter, call (978) 794-5525 to schedule a meeting with an attorney at the firm.