A Massachusetts 7 Day Notice To Terminate Tenancy is a letter which complies with state legal requirements to terminate a day-to-day or week-to-week tenancy. The non-terminating party must receive notice at least seven (7) calendar days before the date of termination.
When To Use a Massachusetts 7 Day Notice To Terminate Tenancy
A Massachusetts 7 Day Notice to Terminate Tenancy terminates a day-to-day or week-to-week tenancy, or a rental situation with no written lease where the tenant pays rent daily or weekly. Either the landlord or the tenant may deliver this notice, as appropriate.
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 7 Day Notice To Terminate Tenancy
To help ensure the legal compliance of a Notice To Vacate:
- Use the full name of the receiving parties, and address of record, if known
- Specify the termination date of the lease or tenancy
- 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 7 Day Notice To Terminate Tenancy
Massachusetts landlords and tenants may deliver a written lease termination notice by any method which results in actual notice to the other party. The burden of proof is on the delivering party to prove delivery. These are some common methods for notice delivery in Massachusetts:
- Hand delivery to the other party
- Delivery by registered or certified mail, with the other party’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 MA Gen L ch 186 § 13
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An action to recover possession of premises occupied for dwelling purposes may be brought seven days after written notice if the rent is payable on either a weekly or daily basis.
Source Link - 2 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.
- 3 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.