Legal Question in Real Estate Law in Massachusetts

Re: Eviction of Tenancy at Will

What a mess! Has anyone notified you clearly of who

owns the damned building? Who is it? When were you notified?

What exactly did the notice say was the reason? That's critically important.

What did it say, exactly, about Ch. 186, sec. 12?

What date was the notice delivered, by whom, to whom, and what dates did the notice give for you to

leave? Did it offer an opportunity to catch up the rent or say something

about that? Were you in arrears in rent when it was sent?

You probably can't afford not to hire an attorney. Tenant attorneys -- specialists,

believe me! -- are surprisingly cheap and often don't cost you any money in the long

run since they often get their fees paid by the landlord under court order or taken out

of rent that they collect from you (instead of having you pay the landlord) while you

fight an eviction, often by agreement of the landlord in the context of an eventual

settlement agreement.

What city do you live in? Send me e-mail directly. If you're in Boston

or close thereto, I can put you in touch with some great tenant defense

lawyers, including one who actually wrote legislation which helped to create

Chapter 186, the lawyer I first studied landlord / tenant law under.

Don't expect to have to be gone no matter what in literally 30 days.

With the help of a decent lawyer, you can probably stay a long time

(for no change in rent).

Where did you read that Ch. 186 sec. 12 says everyone can stay until ordered out by a judge?

It doesn't say that, but it's the truth anyway: noone is ever evicted in Mass. without an

order by a judge!

Here's that section for you to read.

[ See next message from me! ]

Stu Williams, 21 Walter St., Newton, MA 02459, [email protected], tel. (617) 527-0050

and fax the notice to me at 527-1763 if I'm to look at it.

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.

Re: Eviction of Tenancy at Will

Here's for your reading pleasure:

Chapter 186: Section 12. Notice to determine estate at will.

Section 12. Estates at will may be determined by either party by three months' notice in writing for that purpose given to the other party; and, if the rent reserved is payable

at periods of less than three months, the time of such notice shall be sufficient if it is equal to the interval between the days of payment or thirty days, whichever is longer.

Such written notice may include an offer to establish a new tenancy for the same premises on terms different from that of the tenancy being terminated and the validity of

such written notice shall not be affected by the inclusion of such offer. In case of neglect or refusal to pay the rent due from a tenant at will, fourteen days' notice to quit,

given in writing by the landlord to the tenant, shall be sufficient to determine the tenancy; provided, that the tenancy of a tenant who has not received a similar notice from

the landlord within the twelve months next preceding the receipt of such notice shall not be determined if the tenant, within ten days after the receipt thereof, pays or

tenders to the landlord, the landlord's attorney, or the person to whom the tenant customarily pays rent, the full amount of any rent due. Every notice to determine an estate

at will for nonpayment of rent shall contain the following notification to the tenant: "If you have not received a notice to quit for nonpayment of rent within the last twelve

months, you have a right to prevent termination of your tenancy by paying or tendering to your landlord, your landlord's attorney or the person to whom you customarily

pay your rent the full amount of rent due within ten days after your receipt of this notice." If any notice to determine an estate at will for nonpayment of rent shall fail to

contain such notification, the time within which the tenant receiving the notice would be entitled to pay or tender rent pursuant to this section shall be extended to the day

the answer is due in any action by the landlord to recover possession of the premises. Failure to include such notice shall not otherwise affect the validity of the said notice.

If the neglect or refusal to pay the rent due was caused by a failure or delay of the federal government, the commonwealth or any municipality, or any departments,

agencies or authorities thereof, in the mailing or delivery of any subsistence or rental payment, check or voucher other than a salary payment to either the tenant or the

landlord, the court in any action for possession shall continue the hearing not less than seven days in order to furnish notice of such action to the appropriate agency and

shall, if all rent due with interest and costs of suit has been tendered to the landlord within such time, treat the tenancy as not having been terminated.

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.

Re: Eviction of Tenancy at Will

Keep paying rent. The notice to quit is the first step in an eviction. They must still go

to court and still must get a judge's order. A judge can allow you months to move out.

I suggest that you either hire a lawyer if you wish to remain or start looking for a new

place to live. However, if you are looking for a new place in good faith, I don't think a

judge will evict you before you find a new apartment as long as you keep paying rent.

Alan Pransky

Law Office of Alan J. Pransky

20 Eastbrook Road