The constable must give the tenant 48 hours notice that s/he is coming with the truck. To physically remove the tenant from your apartment, you must hire a constable and a moving company, if the tenant has refused your request to go.
#60 day notice to quit all tenants full#
If you accept the full amount of the rent awarded by the court in a nonpayment case, you effectively waive your right to remove the tenant and you have created a new tenancy. The Execution must be used within three months of its issuance or it expires. After the appeal is decided or dismissed, Execution will be issued, but not before then. The Execution is the court's order requiring the tenant to move from the apartment.
Appeals are fraught with procedural pitfalls and should be undertaken with a knowledgeable attorney. The tenant cannot be physically evicted until the appeal has been dismissed or decided. If the court will not waive the bond, the tenant must pay past due rent and rent accruing as the appeal progresses, if the tenant wants to stay in the apartment during the appeal. If the bond is waived by the court, the tenant must still pay the rent which comes due during the appeal. Or, the court may waive the bond if the tenant can show s/he is indigent and has a real defense. But, as a condition of the tenant's appeal, s/he must post an appeal bond in an amount determined by the court. At this hearing, the tenant and you or your lawyer present your witnesses and documents and a judge or jury decides if you win or if the tenant wins and how much money, if any, the tenant must pay or how much, if any, you must pay the tenant.Įither party may appeal within 10 days of entry of the judgment, if dissatisfied with the outcome of the trial, by filing a Notice of Appeal (M.G.L. If you cannot reach an agreement with the tenant resolving the reasons for eviction, there will be a trial. This is the tenant's written response sent to you in which s/he states why s/he should not be evicted and what, if any, counterclaims for money damages s/he has against you such as violations of the State Sanitary Code, retaliation, or faulty eviction procedures. Although most constables are knowledgeable as to service, they may not know all of the requirements of terminating tenancies technically required of you in order not to have your case dismissed in court, or to reserve certain rights to you. It is recommended that you should not rely solely on the advice of a constable when sending a Notice to Quit, but rather that you also consult an attorney before you move to evict. The rules governing timing and method of service are confusing to the new landlord as well. The many types of Notices to Quit vary depending on the type of tenancy sought to be terminated and the rights you wish to reserve to yourself after terminating the tenancy. An attorney should be consulted when evicting a subsidized tenant. While eviction of tenants living in subsidized housing is no longer subject to the exclusive authorization of the local housing authority, eviction is still controlled by the specific terms of the lease and by a matrix of Federal and State laws. If you do not place notice of this fact in the Notice to Quit, the tenant has a right to stop the eviction by paying the above sums not later than the date his Answer is due in court (M.G.L.
#60 day notice to quit all tenants plus#
If the tenant pays the amount claimed due, plus costs, interest and your court filing fees in 10 days, and if this is only the second Notice to Quit for nonpayment within 12 months, the tenant can stop the eviction. If the eviction is for nonpayment, you must give a 14 day Notice to Quit. If you are evicting for a reason other than nonpayment, or for no reason, you must give the tenant a 30 day Notice to Quit. If the tenant pays all monies due, plus costs, interest and your court filing fees by the date their Answer is due in court, the tenant has an absolute right to stop the eviction. If you are evicting the tenant for nonpayment, you must send a 14 day Notice to Quit (M.G.L. If you want to evict a tenant under a lease for a reason other than nonpayment, such as having unauthorized sub-tenants, or property damage, the lease should detail what type of Notice to Quit you must use and when to serve it.
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