Legal Question in Real Estate Law in Massachusetts

Eviction notice

I gave an eviction notice to my tenant on December 10. He has been late with rent payments for a couple of months and on December 4 he claimed that he droped $250 in my mailbox ( part of the rent payment). I found the envelope, but not the money. Since then he did not pay anything, he said that he is laid-off, doesn't have money, does not have place to go, etc. Do I have to wait till February 1 before I go to court for legal eviction?

Thank you for your help!


Asked on 12/30/02, 9:57 am

1 Answer from Attorneys
Robert Trant Law Office of Robert R. Trant

Re: Eviction notice

If you gave the tenant a proper 14 day notice to quit and the time period has expired without the tenant paying the rent owed, you can file a Summary Process case in District Court or Housing Court. You may not get a trial date until the end of January or early February but you can file the case as soon as the notice period expires. You need to go to the clerk's office at the court in your county and obtain a Summary Process Summons and Complaint. The form should be completely filled out and served on the tenant. After the tenant is served, you will file the case and pay the filing fee. The case will be scheduled and you will need to appear to present your side to the judge.

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Answered on 12/30/02, 11:01 am


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