Legal Question in Real Estate Law in Massachusetts

small claim court process

I am bringing my former tenant to small claims court for failure to pay the last two months rent. Do I have to send a 30 day demand letter before filing in court? Do I sue under Chapter 93A and if so, which section?applicable to non payment of rent?


Asked on 11/01/06, 1:50 pm

1 Answer from Attorneys

Re: small claim court process

First, it is unclear if the Tenant moved out or not. Assuming they did and this is a residential tenant, then 93A is not applicable.

Also, you need to make an appropriate demand for payment before filing suit.

If they moved out make sure you have given them the appropriate notices with respect to the security deposit.

If you are evicting them, you need to send a 14 day notice to quit for non-payment of rent. Then file a suit based on that Notice and include in the Summary Process your claims for unpaid rent.

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Answered on 11/01/06, 5:09 pm


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