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When you enter into a rental agreement with a landlord, you become entitled to use their property for the term of the lease. As such, you can’t be forced to suddenly leave your home without justification. There are landlord-tenant laws in place that require landlords to follow a specific process before they can legally evict a tenant. Below is some insight that can help you successfully navigate the eviction proceedings. 

A Tenant’s Guide to the Eviction Process

Receiving Notice

Under landlord-tenant laws in Massachusetts, there are three grounds a landlord may evict on. These include:

  • Non-payment of rent: If your landlord is alleging you failed to pay rent as agreed upon in your lease, they must provide a 14-day notice to leave or pay what you owe.
  • No-fault: In some instances, your landlord will terminate a tenancy for reasons beyond your control, such as selling the property. No-fault evictions require a 30-day notice to leave. 
  • For cause: Under certain circumstances, a landlord may have cause to evict other than failure to pay rent. This often happens when the tenant violates the terms of the lease or engages in illegal behavior. Depending on the reason, for cause evictions may require a 30-day notice to leave or no notice at all. 

Responding to an Eviction Notice 

landlord tenant lawDon’t ignore an eviction notice. If possible, try talking to your landlord and negotiating a resolution outside the courtroom. You may also prevent eviction by paying any back rent you owe before a court case is started. If this doesn’t work, your next step should be hiring an attorney to help you challenge the eviction. Once you are served a Summons and Complaint, this will initiate the eviction process in court. You will need to file an answer explaining why you shouldn’t be evicted. You must also attend your scheduled court date; otherwise, you will automatically default and lose the case.

Defenses to an Eviction      

Landlord-tenant laws provide several possible defenses to an eviction. Plausible defenses include: your landlord failed to provide you with proper notice for the termination of tenancy; your landlord violated your rights by performing an unlawful self-help eviction, such as locking you out or shutting off your utilities, and your landlord is using discriminatory or retaliatory practices to evict you.

 

 

Because of the complexities surrounding landlord-tenant laws and the serious consequences associated with eviction, it’s important to seek counsel right away if you receive a notice to vacate. An attorney at Bernardini Law P.C. will help explore your options and advise you on the best course of action to take. For nearly a decade, the firm has provided help to tenants throughout Essex County, MA. Call (978) 794-5525 to schedule a consultation or visit their website to learn more about their real estate law services.

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