EVICTIONS FOR NON-PAYMENT OF RENT
In Massachusetts, eviction actions are called “summary process” due to the fact that things are supposed to move pretty quickly once an action has commenced. One of the most common reasons for eviction is non-payment of rent. Non-payment of rent evictions in Massachusetts must first start by serving the tenant with a 14 Day Notice to Quit. This process is extremely technical and is governed by M.G.L. c. 186, §§ 11.
This notice must be timely, definite and unequivocal. Meaning, the notice must be timely served, must affix a definite termination date, and must be clear with its intention. The landlord may file a summary process action in court only after the notice to quit has expired.
The most frustrating situation for a landlord is to wait the requisite time for the notice to expire, pay the filing fee and file the summary process complaint, wait another several weeks until the hearing in court and ultimately have the case dismissed for what is often a minor technical violation of the process. Usually, the most common violations include defective notice, untimely service or bad service, filing the complaint too early or too late, or filing the complaint in the wrong court.
Having a case dismissed not only costs the landlord the money paid for court filing fees and costs, but this also significantly delays the process and often sets the landlord back at least another couple of months of unpaid rent. For this reason, it is most beneficial and cost-effective to have an attorney specializing in Massachusetts landlord-tenant law assist the landlord with this process.
FLAT-FEE EVICTIONS FOR UNCONTESTED NON-PAYMENT OF RENT
Shur Law Group offers our clients flat-fee evictions for non-payment of rent cases. The flat-fee includes sending the tenant a proper notice to quit, filing the summary process complaint and all appropriate documents in court, and appearing in court for the eviction trial.* Through our extensive experience mediating and trying cases in housing court, we are often successful in mediating and resolving non-payment of rent cases outside of court. Should the parties reach a resolution prior to court, the flat fee also includes preparation of and filing of the agreement in the appropriate court. This process often results in the landlord getting paid the monies owed, without having to go through the unnecessary and unpredictable litigation process.
CONTESTED NON-PAYMENT OF RENT EVICTIONS
Should a tenant formally contest an eviction by filing formal defenses, counterclaims, motions or demanding discovery, Shur Law Group charges a reasonable hourly rate to respond and defend the client, and appear for further hearings and trial.
*The client is responsible for all out of pocket expenses, including constable and sheriff fees, filing fees, and court costs.