EVICTION DEPARTMENT

Being a Landlord in Massachusetts can be a difficult and costly responsibility.  Despite efforts to prevent renting to trouble tenants, you may have to deal with some part of the eviction process.

SCCO’s goal is to get your desired result from each service we complete. We complete service for all matters regarding landlord/tenant issues including but not limited to: Notices to Quit (14 Day, 30 Day, 60 Day, etc.), Summary Process Summons & Complaint, Physical Eviction (including the service of the 48 Hour Notice), No Trespass Orders, and General Notices.

In most cases the eviction process begins with terminating the tenancy by service of a proper Notice to Quit.  Following the expiration of the Notice to Quit is the Summary Process Summons & Complaint where court dates will be set for you and your tenant to appear in court.

If you win your case you will then receive an Execution for Possession.  This gives the Constable the right to physically evict your tenant by first serving them a 48 Hour Notice (*Commercial property does not require a 48 hour notice), then physically removing the tenant and their belongings.

Following each step in the eviction process is very important as there are no shortcuts.  Anything done incorrectly could force you to start from the beginning, costing you more time and more money.

Below is a brief description of each step in the eviction process beginning with Notice to Quit.

14 Day Notice to Quit

A 14 day notice to quit is used to terminate tenancy solely for non-payment of rent.  The 14 days begins from the tenant’s receipt of the notice.  The tenant then has what’s called a “Right to Cure”.  In short, this is the time allotted for the tenant to pay in full past due rent written on the 14 day notice to quit.

30 Day Notice to Quit

A 30 day notice to quit is commonly used to terminate tenancy and retrieve possession back from a tenant at will, or terminate a tenancy due to a breach in the lease.  Unlike a 14 day notice to quit, a 30 day notice to quit requires at least 30 days notice or one full rental cycle, whichever is greater.  For example if your tenant’s rent is due on the 1st of the month and the 30 day notice was served on June 6th, then that tenant will have until August 1 to vacate.  This gives your tenant one full rental cycle.

60 Day Notice to Quit

A 60 day notice to quit is commonly used to terminate tenancy and retrieve possession back from a tenant at will, or terminate a tenancy due to a breach in the lease. Unlike a 14 day notice to quit, a 60 day notice to quit requires at least 60 days notice or two full rental cycle, whichever is greater. For example if your tenant’s rent is due on the 1st of the month and the 60 day notice was served on June 6th, then that tenant will have until September 1 to vacate. This gives your tenant two full rental cycles.

Summary Process Summons and Complaint

A Summary Process Summons and Complaint is served upon the tenant to notify him/her of an upcoming court date involving the possession of the property.  This summons and complaint is served after the tenancy has been terminated with proper notice (or lease expiring without renewing in some cases).   The Summons will state the reason for eviction and give the tenant an opportunity to file their answer to the complaint.  The serving, filing and hearing dates are critical in this stage of the process. You must understand these responsibilities as the landlord.

48 Hour Notice/Physical Eviction

If you win your court case you will be awarded Judgment and Execution for Possession.  This typically is mailed to the landlord ten days from when the judgment was awarded.  These ten days are built in for the tenant to appeal the decision.  The Execution for Possession now gives the Constable the right to begin the physical eviction process after serving a 48 hour notice upon the tenant.  If the tenant has not vacated the property by the expiration of the 48 hour notice, they and their belongings will be removed and stored at a license and bonded storage facility.

SCCO employs professional, knowledgeable, uniformed Constables that let your tenant know you mean business.  We back our Constables up with state of the art technology that tracks each service, notifying you via email upon completion.  From the initial notice to quit, to the physical eviction, we take a hands-on approach with every client to ensure that service is completed in a timely, proper, and efficient manner.  With our fully staffed office there is always someone on duty to take your calls and complete your service.

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