Legal Question in Landlord & Tenant Law in Massachusetts
Eviction. After scheduled move out date?
Hi.
I have a very puzzling question for you. I recently received an eviction notice from my landlord for non-payment of rent. Having just looked into this, I notice that in fact the check for December did indeed bounce, however when I had checked with phone banking it had appeared in the cleared section. Either way I have just found out this is true. However my landlord is looking for the January rent also. I sent her a letter in January stating I was moving out Feb 1st, and that she should use final months rent for that.
She broke her lease by not delivering a copy to us within 30 days (MGL 186 15(D) and it was also a part of her own lease).
My question is:
Is it wasting the court's time to file an eviction notice for 2 weeks after the tennant is scheduled to leave?
And what should I do next? I am writing my answer which includes how I have had to have her cited X5 by the health department to get repairs done, and her general demeanor being a bit off.
3 Answers from Attorneys
Re: Eviction. After scheduled move out date?
The Court has not yet been invoked. A Notice to Quit is the official termination. If you move out within the time stated, an eviction proceeding is not brought (though a collection action can be).
If you owe the money, and the repairs were made before December (even though following citations), you may not have enough of a claim to fight now for the free month. Assuming that you have the funds, you should re-issue a check for December and end the relationship on as good a note as you can.
"[G]eneral demeanor being a bit off" is not a defense to non-payment of rent, as it does not sound like "harassment" or "interference with quiet enjoyment."
Re: Eviction. After scheduled move out date?
You do not need to answer a Notice to Quit. The Notice to Quit is the official means of terminating your tenancy. If you remain in the apartment after the termination of the lease, you can be evicted.
Your landlord will have to file and serve you with a summary process complaint. You may file an answer to that complaint, if you wish to assert certain counterclaims.
You may want to hire an attorney. Either way, you would benefit from attempting to work something out with your landlord.
Re: Eviction. After scheduled move out date?
Consider retaining an attorney to review your lease and your landlord's actions to determine whether you have grounds to allege violations by the landlord that could entitle you to multiple damages and attorney's fees or whether you should settle up with the landlord and stop the eviction by paying the rent current or simply move on. Good Luck!