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rayanswers, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 36380
Experience:  30 years as a Texas lawyer dealing in landlord tenant
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MA* what is the procedure of tenant MA?

Customer Question

MA* what is the procedure for eviction of tenant for Revere MA?
Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  rayanswers replied 4 months ago.

Hi and welcome to JA. Ray here to help; you today.

The first step in evicting any Massachusetts tenant is issuing a notice to quit which is a legal document formally notifying the tenant that his tenancy is being terminated for a particular reason and giving him the date upon which he must move out.

Many landlords believe that a notice to quit should be served by certified/registered mail. This is a very bad practice because the tenant can always avoid the mailman. In court, the landlord has the burden of proving that the tenant received the notice. The best practice is to have the notice to quit served by a constable or sheriff to ensure proof of delivery. Under the court rules, service by a constable or sheriff is “good service” whether the tenant is served in hand or the notice is left at the premises.

Here you cannot start the eviction until 14 days have elapsed since the tenant is served with the 14 day notice to quit. So you need to know exactly when the tenant was served so you can properly calculate the date upon which you can start summary process. If you start the eviction too early, the case will get dismissed.

Expert:  rayanswers replied 4 months ago.

Then you file your eviction in housing court

I appreciate the chance to help you today.I wish you the best here.

Customer: replied 4 months ago.
thanks. can we post the notice to quit on their door and take a picture as proof?
Expert:  rayanswers replied 4 months ago.

Yes thats what you do here and send a second certfied mail as well

Expert:  rayanswers replied 4 months ago.

I appreciate the chance to help you tonight.

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