Step 1 – Prepare an Eviction Notice for the Tenant If the tenant refuses to comply with the notice, the landlord may initiate the legal proceedings by filing an eviction lawsuit (a.k.a.
In almost all cases, the tenant must receive a written notice outlining the eviction information including the reason for the eviction and the period in which they must either cure the lease or vacate (some contracts cannot be cured). Some landlords may even be able to evict the tenant without cause depending on the nature of the rental agreement. To figure out whether you are a tenant at will, see Chapter 4: What Kind of Tenancy Do You Have.An eviction order can be sought by the landlord when a tenant fails to pay rent, violates the lease, or continues to occupy the residence after their tenancy has been terminated. 4 For more information about the notice, see Receiving Proper Notice.
If you do not have a lease, a landlord must send you a proper notice to quit to terminate your tenancy. For more information see Retaliatory Evictions and Discrimination. 3īut a landlord cannot bring a discriminatory or retaliatory eviction against a tenant. Until individual cities or the state changes the law, no fault evictions, where a landlord is evicting a tenant who has done nothing wrong, are lawful in Massachusetts.Ī landlord may also evict tenants without leases for non-payment of rent and for using the apartment for illegal purposes. If you do not have a lease and are a tenant at will, a landlord does not have to state any reason for wanting to evict you. For more about tax escalator clauses, see Chapter 5: Rent. Your rent is locked in for the entire term of your lease (unless the lease has a valid "tax escalator" clause, which allows your landlord to increase your rent in certain limited situations). Also, if you have a lease, a landlord cannot increase your rent during the lease period and then evict you for not paying the amount of the increase. If your lease says that your landlord can evict without going to court, this part of your lease is illegal and your landlord will still need to go to court to evict you in spite of what your lease says. Using the apartment for illegal purposes.
Violating your lease, if the lease states that the landlord may evict for such a violation.If you have a lease and your landlord wants to evict you before your lease has ended, she may evict you only for: Tenants with LeasesĪ tenancy under a lease generally lasts until the end date stated in the lease. If your landlord became owner of the property because of a foreclosure you should see Chapter 18: Tenants and Foreclosure. There are special rules that apply to eviction cases that are brought after a foreclosure. 1 If you familiarize yourself with the steps in the eviction process and are persistent, you may be able to stay in your apartment longer or be awarded money for the landlord's violations of the law. Get permission from a court to legally take possession of your apartment.Įvictions are not easy and can be expensive if a landlord fails to follow the law and a tenant knows and enforces her rights.In order to legally evict a tenant, a landlord must follow specific procedures.
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