EVICTIONS

The Massachusetts Constable's Office stays current with Massachusetts  General Laws and are prepared to deal with any situation regardless of how complicated. Documents must be received by 10:00 AM in order to be served the same day.

                         
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The Massachusetts Constable's Office will assist Pro Se Plantiffs from the beginning of the process through to the physical eviction including scheduling a licensed and bonded mover.
 
There are three common reasons for evicting a tenant, the non-payment of rent, the expiration of the lease or a violation of the lease. The first step in an eviction is to determine the type of lease that exists between landlord and the tenant. There are two types of tenancies, a tenant at will and a tenant under lease. A tenant at will provision usually states that either party, the landlord or tenant can terminate the agreement by giving a written Notice to Quit that states the relationship will end in a time that is equal to a rental payment or thirty days, whichever is longer.
 
14 day Notice to Quit - For non payment of rent. A 14 day Notice to Quit may also be used to evict a tenant at will as long as rent is not past due.    
 
30 day Notice to Quit - For any other reason than non payment of rent.
Summary Process Summons and Complaint - After the Notice to Quit has expired, the next step is to file a Summary Process Summons and Complaint form against the tenant. This document must be obtained from the court, must have the orginal raised seal and can only be served by those who have the proper qualifications and training, such as the Massachusetts Constable's Office. As said earlier we can help with the entire process from filling out the paperwork to having it served and return the originals to court to be filed. This allows you the client to continue with your busy day. The Summary Process Summons and Complaint lets the tenant know when the court date is along with the location of the court as well as instructing them to file an answer with the court before trial. If the tenant does not arrive at court on the scheduled trial date, the landlord will automatically be granted the Summary Process Summons and Complaint case and the execution will be sent in the mail.

Once the landlord receives the execution he/she can contact our office and we can begin the process to evict the tenant by serving them with a 48 hour notice to vacate the premises. The landlord cannot however cut off essential services, changes the locks on a tenant or remove a tenant from the premises without the aide of qualified and trained professionals. The landlord can only evict the tenant with the assistance of a Constable. Executions for the acquisition of the property or unit are only valid for 90 days from date of issuance. Execution of Money Judgements on the monetary portion if any money was owed for back rent and/or damages is good for twenty years from the date of issuance. 

48 Hour Notice to Vacate - Served after judgement has been ordered by the court and must be served before the physical eviction takes place.

 

No Trespass Orders - Issued with the 48 Hour Notice to Vacate. A copy is given to the local Municipal Police Department for their records. https://malegislature.gov/laws/generallaws/partiv/titlei/chapter266/section120

Massachusetts General Law
Primary Eviction Law:  
Evictions, Local Housing Authorities: 
Forcible Entry Forbidden
Recovery of Possession After Termination of Tenancy at Will
Massachusetts Regulations
Unfair and Deceptive Acts by Landlord
Federal Laws
Tenants with Section Eight Certificates
Protecting Tenants at Foreclosure Act of 2009

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