Legal Question in Landlord & Tenant Law in Massachusetts

Re: Legality of eviction

You do not mention the basis of the eviction. I assume for purposes of this answer that it is non-payment of rent. If this is not the case, you have a better chance. This also assumes that you have no real defenses to non-payment, such as conditions violating the sanitary code of which the landlord is aware.

You have nothing to lose by filing a motion. However, unless the landlord or lawyer are regularly sloppy in such matters, the Court is likely to forgive the landlord/attorney/constable for this error. The landlord is already out his/her rent, has done everything else lawful to collect rent, and now is forced to spend additional money to legally evict you. If he gets a judgment and you refuse to move, the landlord faces the cost of moving you out by sheriff or constable.

The court is likely to use its discretion in favor of the landlord and allow correction of the service.

Re: Legality of eviction

Were you ever served a Notice to Quit?

What is your rental period? Monthly? Weekly?

Failure to serve a Notice to Quit together with the Complaint will not require a dismissal by the judge unless, at the judge's discretion, the landlord's failure so prejudices the tenant as to require a dismissal.

Please feel free to contact me if you should require further assistance in this matter.

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