A Massachusetts Notice To Comply or Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for a lease violation, such as parking in an unauthorized area. The tenant must take appropriate corrective action or move out by the date of compliance or termination specified by the landlord.
When To Use a Massachusetts Notice To Comply or Vacate
A Massachusetts Notice To Comply or Vacate begins the eviction process for the following tenant violations:
- Failure to comply with health or safety standards
- Causing minor property damage
- Parking a vehicle in an unauthorized area
- Occupancy violations
- Other violations of the lease
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 Notice To Comply or Vacate
To help ensure the legal compliance of a Notice To Comply or 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, and the corrective action(s) 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 Notice To Comply or Vacate
Massachusetts landlords may deliver a written Notice To Comply or 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 Landlord's Eviction Guide
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Tenants under lease
If you want to evict a tenant under a lease for a reason other than nonpayment, such as having unauthorized sub-tenants, or property damage, the lease should detail what type of Notice to Quit you must use and when to serve it.
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.