Massachusetts Notice To Comply or Vacate

Last Updated: March 28, 2024 by Roberto Valenzuela

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
The law doesn’t prescribe a specific compliance period. The landlord must set a reasonable timeframe for the tenant to take appropriate corrective action or else move out.

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:

  1. Use the full name of the receiving parties, and address of record, if known
  2. Specify the termination date of the lease or tenancy
  3. Specify the basis for terminating the tenancy, and the corrective action(s) necessary to avoid termination
  4. Fill in the full address of the rental premises
  5. Provide updated/current address and phone number information
  6. Print name and sign the notice
  7. 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:

    1. Hand delivery to the tenant
    2. Delivery by registered or certified mail, with the tenant’s signature used as proof of delivery
    3. Delivery by constable or sheriff

    Mailed notice extends a notice period by three (3) calendar days, to account for variable delivery times.

    In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.