How To Use The 30 Day Notice To Quit
The 30 Day Notice To Quit is provided by the state of Massachusetts for any violation of the tenancy agreement that doesn’t include nonpayment of rent. This notice is only required if there is no clause within the lease stating otherwise.
There are various violations that landlords may state as the reason for eviction including, but not limited to:
- More individuals living in the property than agreed in the tenancy agreement,
- The tenant is creating dangerous situations for other tenants (e.g. lighting fires, hoarding garbage, not regularly cleaning, etc.),
- The tenant is keeping pets,
- The tenant is disturbing other tenants.
While these are all possible reasons it is crucial that the actual reason for providing the notice is clearly outlined in the original tenancy agreement. If this is not the case then the landlord will not be able to file for a violation of the lease agreement.
Serving The Notice
There is a choice for the landlord when it comes to serving this notice. Which one that the specific landlord opts for will depend on their relationship with the tenant and how cooperative the tenant is likely to be.
These methods include:
- Personally delivering the notice with a proof of delivery signature from the tenant,
- Mailing the notice (both certified and not)
- Leaving the notice on the premises if the landlord has access.
The Road To Eviction
Once the notice has been served then the tenant has a 30 day period to quit the premises or face eviction. If at the end of this period the tenant has not complied then the landlord may file for a legal eviction through the court.
Public Housing and Rent-Control Tenants – If a landlord falls into either of these categories then they must allow for a hearing for their tenant before the appropriate board before the landlord files for eviction. Contact the respective board concerning the particular tenant situation that applies.
More Complicated Than Most Think
In Massachusetts the process of eviction is much more complicated than many other states. It is strongly recommended to seek the assistance of an attorney before pursuing eviction. This is especially the case for violations of tenancy agreement which can be a much more subtle issue than nonpayment of rent.
For more information about carrying out successful evictions, visit our EZ Landlord Forms articles at: https://www.ezlandlordforms.com/articles/educational/4/move-out-and-eviction/
For more information about the Massachusetts landlord laws please visit: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter186