A Massachusetts 7 Day Notice To Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for an “incurable” violation (i.e., one which the tenant isn’t allowed a chance to correct), such as causing substantial property damage. The tenant must move out within seven (7) calendar days of receiving notice.
When To Use a Massachusetts 7 Day Notice To Vacate
A Massachusetts 7 Day Notice To Vacate begins the eviction process for the following tenant violations:
- Causing substantial property damage
- Interference with the quiet enjoyment of other persons
- Creation of a public nuisance
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 Vacate
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
- Specify the basis for terminating the 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 Vacate
Massachusetts landlords may deliver a written Notice To Vacate 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 MA Gen L ch 186 § 17
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For the purposes of this chapter, chapter one hundred and eleven and chapter two hundred and thirty-nine, occupancy of a dwelling unit within premises licensed as a rooming house or lodging house, except for fraternities, sororities and dormitories of educational institutions, for three consecutive months shall constitute a tenancy at will; provided, however, that if the rent for occupancy in such premises is payable either daily or weekly, seven days written notice to the occupant shall be sufficient to terminate the tenancy where the tenant is committing or permitting to exist a nuisance in or is causing substantial damage to the rental unit, or is creating substantial damage to the rental unit, or is creating a substantial interference with the comfort, safety, or enjoyment of the landlord or other occupants of the accommodation; and provided, further, that the notice shall specify the nuisance or interference. Occupancy of a dwelling unit within a rooming house or lodging house, except for fraternities, sororities and dormitories of educational institutions, for more than thirty consecutive days and less than three consecutive months, or within a fraternity, sorority or dormitory of an educational institution for any length of time, may only be terminated by seven days’ notice in writing to the occupant by the operator of such dwelling unit.
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.
