When a tenant stops paying rent, a landlord understandably wants to resolve the situation as quickly as possible.
Unfortunately, a Massachusetts nonpayment eviction is not simply a matter of showing that rent has not been paid.
Eviction—legally known as summary process—is a procedure governed by specific Massachusetts laws and court rules. A mistake at the beginning of the process can create problems weeks later, potentially resulting in additional hearings, delays, or even dismissal of the case.
For landlords and property managers, understanding where things commonly go wrong can help avoid unnecessary setbacks.
Here are five mistakes that can delay a Massachusetts nonpayment eviction.
1. Using an Incorrect or Defective Notice to Quit
A Notice to Quit is generally the first step in a Massachusetts nonpayment eviction.
For nonpayment of rent, Massachusetts law generally requires a written 14-day Notice to Quit, although landlords should review the applicable lease because its terms may affect notice requirements.
The notice is important because its purpose is to terminate the tenancy before a landlord begins a summary process action.
Problems can arise when a landlord:
- Uses the wrong type of notice
- Misidentifies the tenant or rental property
- Uses incorrect termination dates
- Fails to comply with applicable lease provisions
- Fails to properly account for the tenant’s right to cure
- Uses an outdated form without considering current Massachusetts requirements
The tenant’s right to cure can also depend on the type of tenancy. For example, certain tenants-at-will may cure a nonpayment default by paying the amount owed within 10 days after receiving the Notice to Quit. Tenants with a lease may have different cure rights and deadlines.
Because the Notice to Quit establishes the foundation for the eviction case, errors at this stage can affect everything that follows.
2. Forgetting the Required Accompanying Form
This is an especially important requirement for Massachusetts residential landlords.
Under Massachusetts General Laws Chapter 186, Section 31, a landlord issuing a residential Notice to Quit for nonpayment of rent must also provide the tenant with a required accompanying form.
The form contains information concerning matters such as rental assistance programs, applicable court rules and orders, and legal protections affecting residential evictions. Landlords must also provide documentation of any agreements between the landlord and tenant concerning repayment of unpaid rent, when applicable.
This requirement should not be treated as an optional attachment or administrative formality.
A nonpayment summary process filing also requires an Affidavit of Compliance with G.L. c. 186, § 31 as part of the court entry package.
Massachusetts eviction requirements have changed over the years, which is one reason landlords should be cautious about relying on an old Notice to Quit packet or a form downloaded years ago.
Before beginning a nonpayment eviction, make sure you are working with current documents and procedures.
3. Filing the Eviction Before the Notice Period Has Properly Expired
Serving the Notice to Quit does not immediately give a landlord the right to file an eviction case.
The tenancy must first be properly terminated.
Only after the applicable notice period has expired can the landlord proceed with the next stage of the summary process case.
This is an area where seemingly small timing mistakes can become significant.
Massachusetts summary process proceedings have specific procedural dates associated with service, filing, responses, and court proceedings. Filing or serving documents too early—or miscalculating when a tenancy actually terminates—can create a challenge to the case.
Landlords should resist the temptation to rush the process by a day or two.
Taking the time to calculate deadlines correctly at the beginning may ultimately be much faster than having to correct a procedural problem later.
4. Failing to Properly Serve and File the Summary Process Documents
After the tenancy has been properly terminated, the landlord can move forward with a Summary Process Summons and Complaint.
But once again, procedure matters.
The Summons and Complaint must be properly served. Massachusetts court guidance provides for a sheriff or constable to serve the tenant, and landlords must then file the required documents with the appropriate court.
Important dates govern this process, including the service and entry dates. The court specifically warns that failure to comply with required summary process dates can result in dismissal.
The landlord’s entry package generally includes documents such as:
- The Notice to Quit
- The Summary Process Summons and Complaint
- The Return of Service
- Required affidavits and other applicable documentation
The information contained in those documents should also be consistent.
Names, addresses, rent amounts, tenancy information, and other important details should be carefully reviewed before filing.
A seemingly minor discrepancy can become a disputed issue once the case reaches court.
5. Having Incomplete or Inconsistent Rent Records
A landlord may know that a tenant owes rent.
The court, however, needs evidence.
Poor recordkeeping can make an otherwise straightforward nonpayment case more complicated.
Landlords should maintain clear records showing:
- The amount of monthly rent
- When rent became due
- Payments received
- Outstanding balances
- Credits or adjustments
- Payment plans or repayment agreements
- Relevant communications with the tenant
This becomes particularly important if partial payments were made or the landlord and tenant entered into an agreement concerning the unpaid balance.
Landlords should also be careful about what happens after the Notice to Quit is served.
Accepting payments or entering into new agreements may have legal consequences depending upon the circumstances and type of tenancy. Before accepting money or changing an arrangement during a pending eviction, landlords should understand how doing so could affect the case.
Good documentation makes it much easier to determine exactly what is owed and explain that amount if the matter reaches court.
A Faster Eviction Starts With Getting the Process Right
When rent has gone unpaid for months, landlords are often understandably frustrated.
That frustration can create pressure to move as quickly as possible.
But Massachusetts eviction law is highly procedural, and attempting to save time by skipping a step or relying on outdated paperwork can have the opposite effect.
One of the best ways to avoid unnecessary delays is to make sure the case is properly prepared from the beginning.
Before moving forward with a Massachusetts nonpayment eviction, landlords should confirm:
- The type of tenancy
- The terms of the lease or rental agreement
- The amount actually owed
- The appropriate Notice to Quit
- The tenant’s applicable right to cure
- Compliance with current notice requirements
- Proper service and filing deadlines
- Complete rent and payment records
Every landlord-tenant situation is different, and additional requirements may apply depending on the property, tenancy, rental assistance program, or circumstances surrounding the case.
Need Help With a Massachusetts Nonpayment Eviction?
A procedural mistake can cost a landlord valuable time and potentially require portions of the eviction process to be repeated.
Drayton Law represents Massachusetts landlords and property owners in nonpayment matters and other landlord-tenant disputes.
Whether you are preparing to serve a Notice to Quit, dealing with a tenant who has stopped paying rent, or have questions about a pending eviction, getting legal guidance early can help identify potential problems before they turn into costly delays.
Contact Drayton Law at (508) 618-7250 to discuss your Massachusetts landlord-tenant matter.
