Legal Question in Landlord & Tenant Law in Massachusetts

Next step after Notice to Quit

I sent (via regular and certified mail) a Notice to Quit to my tenants, giving them until the end of the month (14 days). Assuming they do not pay, what is my next step to getting them out of the property? What happens if they only make a partial payment? Can I refuse to accept it?


Asked on 4/21/05, 9:06 am

1 Answer from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Re: Next step after Notice to Quit

Assuming you gave a proper 14 day notice to quit, it should have advised them of their right to prevent eviction by tender of the full rent due. Any payments you accept must be applied toward the balance due but you must also give them a proper notice that acceptance of less than the full amount due will not prevent eviction nor establish a new tenancy. If unsure consult an attorney to review what you sent, and to assist with the next step if they don't pay in full, which is filing the eviction action. There are traps for the unwary landlord in doing so that may well be worth retaining an attorney to avoid your potentially being counter sued for double or treble damages plus attorney's fees under the Consumer Protection Law. Good Luck!

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Answered on 4/21/05, 2:48 pm


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