Fourteen Days Notice to Quit For Nonpayment of Rent in Massachusetts

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By Robert Nislick

You are a Massachusetts landlord. Your tenant is not paying rent. You want to evict him. What can you do to get the eviction process started?

Most landlords know that before you can evict a tenant for nonpayment of rent, the landlord must serve, and the tenant must receive, a fourteen-day notice to quit for nonpayment of rent.

If all you are looking for is a form, then here is a link to a form that is available on the Massachusetts Court System web site:

http://www.mass.gov/courts/docs/lawlib/docs/notice-quit-14.pdf

Here is a link to another form that is available on the Plymouth County Sheriff’s Department web site:

http://www.pcsdma.org/Forms/14%20Day%20Notice%20to%20Quit.pdf

Here is a link to another form that is available on the Suffolk County Sheriff’s Department web site:

http://www.suffolksheriffma.com/14_Day_Notice_To_Quit.pdf

Even though these forms are available to use for free, there is no substitute for having an experienced Massachusetts landlord-tenant lawyer handle the eviction from start to finish. This includes drafting the notice to quit. Some landlords think they can do an eviction on their own, or maybe do the notice to quit themselves, and then hire an attorney to show up at court on the day of trial. I would not recommend that approach.

Even if one of these forms might work, it might be completely inappropriate to use one of them. Although I am providing links to these forms, I am certainly not advising that everyone or anyone use them. Something slightly different or completely different might be necessary based on the specific facts. It may be that your case is a simple nonpayment of rent case, and the service of a 14-day notice to quit would be best. It might not be, however. It is common for landlords to have misconceptions about how to terminate a tenancy and how best to move the ball down the field.

An experienced landlord-tenant attorney may see your case differently. There are various situations in which I may advise proceeding with a 7-day notice to quit, or a 30-day notice to quit, or a 90-day notice to quit, or an immediate termination, or a notice that provides a holdover tenant less than seven days to vacate.

The circumstances might be such that serving any notice to quit would be less than prudent, and an alternative course of action would be better. Additionally, issues of timing in the eviction process are important, and are too numerous to discuss in this article.

Robert Nislick is a Massachusetts landlord-tenant lawyer who practices in Boston Housing Court, Worcester Housing Court, Northeast Housing Court, Southeast Housing Court, Western Housing Court, and the summary process session of the District Court.

Framingham Landlords Must Obtain Inspection and Certification of Rental Units

1024px-Framingham_Memorial_-_Framingham,_MA_-DSC00228By Robert Nislick

Pursuant to the Framingham Health Department’s Rental Unit Certification Regulation, most landlords of residential properties in Framingham are required to apply for and obtain a certificate from the Board of Health before commencing any new tenancy or occupancy in a rental unit.

The regulation is, “intended to protect the public health and general welfare, and the health, safety and well-being of the occupants of rental housing.” (See Regulation, § A).

The landlord has to file an Application for a Dwelling Unit Certificate and pay a non-refundable $75.00 fee, at the Memorial Building, 150 Concord Street, Framingham. The Health Department will then inspect the “rental unit to assure compliance with Minimum Standards of Fitness for Human Habitation, as set forth in the State Sanitary Code, and Housing Standards and regulations, as adopted by the Framingham Board of Health.” (See Regulation, § D).

“The Director of Public Health . . . shall issue a Rental Unit Inspection Certificate for each unit found to be in compliance or, if a rental unit fails to meet the minimum standards . . . shall issue a Housing Inspection Report and an Order to Correct Deficiencies. Said order shall establish the date by which corrections must be completed and shall provide notice that proper permits must be obtained for any work done under the order.” (Regulation, § D).

If an Order to Correct Deficiencies has been issued, the owner may request a re-inspection, and pay a $25.00 re-inspection fee. (See Regulation, § D).

“Upon completion of the required corrections and verification that proper permits have been obtained, a Rental Unit Inspection Certificate shall be issued.” (Regulation, § D).

Landlords in Framingham would be well advised to go through the inspection and certification process before renting their units. The Health Department’s inspection criteria matches with the State Sanitary Code, with which every landlord is obligated to comply. One benefit to landlords is that if the inspector comes out and certifies that the premises are fine, the landlord will have a benchmark in the event that a tenant complains later about bad conditions.

The MetroWest Daily News wrote a good article titled, “New Rules Set for Framingham Landlords”, when this important program was first announced in 2014.

Robert Nislick is a Massachusetts landlord-tenant lawyer who practices regularly in the Framingham District Court, and also in Boston Housing Court, Worcester Housing Court, Northeast Housing Court, Southeast Housing Court, and Western Housing Court.

Landlord and Tenant Issues Related to The Regulation and Taxation of Marijuana Act

By Robert Nislick

On Election Day 2016, Massachusetts voters approved Question 4, and passed The Regulation and Taxation of Marijuana Act. One purpose of the act is to “make marijuana legal for adults 21 years of age or older”. See Act, § 1. The act will take effect on December 15, 2016. See Act, § 12.

The legalization of marijuana will affect Massachusetts landlords and tenants. The portion of the Act dealing with the regulation of the use of marijuana not medically prescribed, states in pertinent part:

“This chapter shall not be construed to:

(1) prevent a person from prohibiting or otherwise regulating the consumption, display, production, processing, manufacture or sale of marijuana and marijuana accessories on or in property the person owns, occupies or manages, except that a lease agreement shall not prohibit a tenant from consuming marijuana by means other than smoking on or in property in which the tenant resides unless failing to do so would cause the landlord to violate a federal law or regulation;

(2) prevent the commonwealth, a subdivision thereof or local government agency from prohibiting or otherwise regulating the possession or consumption of marijuana or marijuana accessories within a building owned, leased or occupied by the commonwealth, a political subdivision of the commonwealth or an agency of the commonwealth or a political subdivision of the commonwealth; . . . .”

Act § 5, G. L. c. 94G, § 2 (d).

Essentially, a landlord can prohibit a tenant from smoking marijuana in the leased premises. The landlord may want to have the tenant sign a “NO-SMOKING ADDENDUM” to the lease, and this will prohibit the tenant and guests from smoking anywhere on the landlord’s property, inside and out. If the tenant violates the provisions of such a no-smoking addendum, the lease may permit the landlord bring a cause eviction after serving a 7-Day Notice to Quit. For additional insight, please read my companion article, “Smoking and Evictions in Massachusetts”.

However, a landlord cannot prohibit a tenant from consuming marijuana by means other than smoking, unless failing to do so would cause the landlord to violate a federal law or regulation. One interesting feature of the new law, which many private landlords will consider unfair, is that it provides the commonwealth and local governments with the ability to prohibit tenants from possessing or consuming marijuana, outright and in all forms, in a building owned by the government, whereas the private landlord can essentially only prohibit smoking.

Additionally, the portion of the Act dealing with personal use of marijuana states in pertinent part:

“[A] person 21 years of age or older shall not be arrested, prosecuted, penalized, sanctioned or disqualified under the laws of the commonwealth in any manner, or denied any right or privilege and shall not be subject to seizure or forfeiture of assets for: . . . (2) within the person’s primary residence, possessing up to 10 ounces of marijuana and any marijuana produced by marijuana plants cultivated on the premises and possessing, cultivating or processing not more than 6 marijuana plants for personal use so long as not more than 12 plants are cultivated on the premises at once;”.

Act § 5, G. L. c. 94G, § 7 (a).

Essentially, a tenant can cultivate twelve marijuana plants in his primary residence. This requires water, electricity, and heat. It is easy to envision how a tenant may be growing his dime bag on the landlord’s dime.

Under the State Sanitary Code, the landlord is obligated to pay for electricity and gas in each dwelling unit unless it is separately metered and there is a written document that provides for payment by the tenant. See 105 Code Mass. Regs. § 410.354. “[A] writing is required when the obligation to provide heat and hot water is transferred to the tenant.” Young v. Patakonis, 24 Mass. App. Ct. 907, 908-909 (1987). Concerning the cost of water, G. L. c. 186, § 22, allows a landlord, under certain circumstances, to bill the tenant for water for his water usage. However, the landlord must satisfy many onerous requirements before qualifying to bill the tenant for his water usage.

With approximately 11,000 summary process cases having been filed in the Boston Housing Court and Worcester Housing Court in 2015, with many thousands more filed in the other divisions of the housing court, and in the district court, it is safe to assume that the new marijuana law will become the subject of litigation between landlords and tenants.

Landlords, property managers, and tenants should seek legal counsel to help them navigate through the haze.

Robert Nislick is a Massachusetts landlord-tenant lawyer who practices in Boston Housing Court, Worcester Housing Court, Northeast Housing Court, Southeast Housing Court, Western Housing Court, and the summary process session of the District Court.

Getting the Rent When Evicting a Tenant for Nonpayment of Rent in Massachusetts

By Robert Nislick

You are a Massachusetts landlord. Your tenant has fallen behind on his or her rent. This puts you in a terrible position. Your profit margin as a landlord is very slim. A nonpaying tenant can lead to financial ruin for a small landlord. How can you get your tenant to pay what he or she owes you?

Don’t waste any more time. Conctact Robert Nislick, a Framingham, Massachusetts eviction attorney, today. It is understandable if you do not want to hire a lawyer. Lawyers are expensive. But keep in mind, your tenant will most likely feel a much greater urgency to pay his rent when he is in the process of being taken to court, than if you do nothing.

Getting sued stinks. Assuming your tenant has a job, he or she may have to take time off from work to show up at court. It is not fun sitting and waiting for hours for your case to be called. Among other things, the mere inconvenience to the tenant may convince him of the need to start paying you the past, present, and future rent that he owes.

Quite often, after you have commenced a summary process action against your tenant, it is appropriate to enter into an agreement for judgment with him or her. This agreement will essentially say that the tenant owes you whatever amount he owes, that he agrees to pay the arrearage according to a certain repayment schedule, that he agrees to pay the rent going forward, and that if he fails to abide by the terms of the agreement, you have the right to ask the court to issue you an execution on four days notice. Moreover, this agreement becomes an order of the court.

Hopefully, your tenant will start paying you again. But if not, you can likely go back to court relatively easily to get the judge to allow you to have the tenant actually removed, without having to start the whole eviction process over again.

Framingham lawyer Robert Nislick has been admitted to practice in Massachusetts since 2005, and handles many types of cases including landlord tenant matters.  For more information, contact Robert Nislick today.