Legal Question in Landlord & Tenant Law in Massachusetts

Payment received ''under protest''
My tenants sent me a payment for past due rent ''under protest''. This amount is the balance of a Notice to Quit demand which ended on July 2. They wish to create a new tenancy with this payment. I do not. I am continuing the eviction process and have a court date scheduled for end of August. Despite their instructions, can I accept this for use and occupation only and cash this check with proper notification as to the application?

Asked on 8/05/05, 9:45 am

Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

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Re: Payment received ''under protest''

If the notice to quit was for nonpayment of rent, and it was the first time, the tender of the rent ends the eviction, whether you accept it or not.

If it was a general 30-day notice to quit, you can accept it for use and occupancy, but you may want to wait until the eviction hearing and judgment.

Answered on 8/06/05, 11:06 pm

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