A Massachusetts 14 Day Notice To Quit is a letter which complies with state legal requirements to begin eviction against a tenant for nonpayment of rent. The tenant must pay the balance due or move out within fourteen (14) calendar days of receiving notice.
When To Use a Massachusetts 14 Day Notice To Quit
A Massachusetts 14 Day Notice To Quit begins the eviction process when tenant is late on rent. A landlord may deliver this notice when any portion of the rent remains unpaid, beginning the day after it’s normally due.
Some types of Massachusetts lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a Massachusetts 14 Day Notice To Quit
To help ensure the legal compliance of a Notice To Quit:
- Use the full name of the receiving parties, and address of record, if known
- Specify the termination date of the lease or tenancy
- Specify the basis for terminating the tenancy, and payment necessary to avoid termination
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve a Massachusetts 14 Day Notice To Quit
Massachusetts landlords may deliver a written Notice To Quit by any method which results in actual notice to the tenant. The burden of proof is on the landlord to prove delivery. These are some common methods for notice delivery in Massachusetts:
- Hand delivery to the tenant
- Delivery by registered or certified mail, with the tenant’s signature used as proof of delivery
- Delivery by constable or sheriff
Mailed notice extends a notice period by three (3) calendar days, to account for variable delivery times.
Sources
- 1 M.G.L.A. 186 § 11A
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Upon the neglect or refusal by the tenant to pay the rent due under a written lease of premises for other than dwelling purposes, the landlord shall be entitled to terminate the lease either (i) in accordance with the provisions of the lease or (ii) in the absence of such lease provisions, by at least fourteen days notice to quit, given in writing to the tenant. If a landlord terminates the lease by at least fourteen days notice pursuant to clause (ii) of the preceding sentence, the tenant shall be entitled to cure on or before the day the answer is due in any action by the landlord to recover possession of the premises, by paying or tendering to the landlord or to his attorney all rent then due, with interest and costs of such action. The rights to cure provided herein, shall apply only to termination pursuant to clause (ii) and shall not apply to termination in accordance with the provisions of the lease.
Source Link - 2 Mass. Gen. Laws c.239 § 15(b)
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In an action for summary process for nonpayment of rent, a court having jurisdiction over said action for summary process shall:
Source Link(i) grant a continuance for a period as the court may deem just and reasonable if, either at the time the answer is timely filed or on the date the trial is scheduled to commence: (1) the tenancy is being terminated solely for non-payment of rent for a residential dwelling unit; (2) the non-payment of rent was due to a financial hardship; and (3) the defendant demonstrates, to the satisfaction of the court, a pending application for emergency rental assistance; provided, however, the court may consider any meritorious counterclaim brought in said action for summary process;
(ii) issue a stay of execution on a judgment for possession if the requirements in clauses (1) to (3), inclusive, of paragraph (i) are met; and
(iii) not enter a judgment or issue an execution before the application for emergency rental assistance has been approved or denied.
- 3 Mass. Ct. Sys., "Find out how to start the eviction process"
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The Massachusetts Court System provides the following guidance for delivery of a notice to quit the premises. Note that actual delivery of notice to the receiving party is the operative legal standard:
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There is no designated way to give the notice to quit to the tenant. A landlord can give the notice directly to the tenant in person, but it’s recommended that a disinterested person be present for this. The tenant doesn’t have adequate notice to quit if:
- A constable or sheriff leaves the notice at the tenant’s last usual address but the tenant doesn’t actually receive it for some reason.
- The landlord sends the notice by mail and the tenant doesn’t pick it up.
- 4 Mass. R. Civ. P. 6
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Additional Time After Service by Mail:
Source LinkWhenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other papers upon him and the notice or paper is served upon him by mail, 3 days shall be added to the prescribed period.