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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Landlord/tenant, tenant at will notice to quit in Mass with

Customer Question

landlord/tenant, tenant at will notice to quit in Mass with no written lease agreement how quickly can they be removed?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 5 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

Massachusetts requires a 14 day notice to quit (for almost all types of evictions). (you can find notices in the Mass Online Law Library here: http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-subj/forms/f-l-legal-forms.html#landlord)

So, assuming that the landlord has served a 14 day notice, and the tenant has not yet moved, the landlord would then need to file an unlawful detainer/forcible entry and detainer action with the court.

The court process varies depending on whether or not the tenant files an answer. If there is no answer, the process is very fast (usually about 5-12 days and a judgment is entered), if the tenant does file an answer, the process takes longer as the matter is set for trial (so it can take 3-6 weeks depending on the specific department).

After the court enters a judgment of possession (either by default or after trial), the landlord will take their judgment of possession and writ of eviction (issued by the court) to the constable or sheriff, and that officer will then schedule an eviction (this takes between 1-3 weeks depending on the backlog of that department).

Most tenants vacate at some point during this process.

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