Legal Question in Real Estate Law in Massachusetts

I received a notice to quit for non payment of rent. My rent was due on the first. I paid it on the 8th. The notice to quit is dated the 6th. During the course of my tenancy, admittedly, I have paid my rent usually between the 1st and the 5th on most months. A few months, I paid later. There were some points that I did over pay my rent and had a credit balance. I have a copy of my statement of all my payments and when they were made. The notice to quit was unsigned and the return of service page was not filled out and unsigned. If they choose to go forward with an eviction do I have any way to fight it. I am a single mother with two kids and have no where else to go. I am on a lease and not a tenant at will. Please advise.

Thanks


Asked on 6/09/13, 4:07 pm

2 Answers from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

A tenant has the right to "cure" a notice to quit for non-payment of rent, but there are rules on when, how, and how often this may be done. You should talk to a housing court specialist or an attorney about how to utilize this "cure" feature effectively, as the rules change depending on the type of lease you have, the type of notice you received, etc.

Read more
Answered on 6/09/13, 4:40 pm

Mr. Vaughn-Martel is correct. You need to look at your lease and determine the default date for the lease.

By making the payment on the 8th you should have cured the problem so long as you have not received a notice within the last 12 months.

Good luck.

Read more
Answered on 6/09/13, 5:50 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Massachusetts