Legal Question in Landlord & Tenant Law in Massachusetts
I gave 30 day notice to my Landlord as I as not able to keep up with the rent and found something cheaper and more affordable. The following day I get a letter from the constable indicating that I am being evicted. I want to know what are my rights in this case. I do intend on paying him back what is due but I cannot afford to have my credit damaged. Besides, I was trying to leave so that I could pay him and not have all of these charges continue to accumulate.
2 Answers from Attorneys
What is your question? It sounds generally like you need an attorney.
If you have not paid the rent due, the landlord has the right to terminate your tenancy with a 14-day notice. If you are moved out within that period, the landlord will not have the right to seek "summary process" eviction. However, a right to collect the rent allegedly due will still exist.
Although it sounds like you are trying to be reasonable, you cannot stop the landlord from lawfully exercising his or her rights.
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