Landlord/tenant housing laws throughout Massachusetts can be problematic for landlords looking to evict a tenant who has become a problem. In fact, under current Massachusetts landlord/tenant housing laws, eviction can be difficult and landlords need to pay special attention to the details to avoid overly-lengthy eviction processes or losing their cases entirely in court.
Anyone who intends to evict a tenant in Massachusetts without the help of an experienced landlord tenant housing law attorney must read up thoroughly on the subject and familiarize themselves with eviction – what is identified in legal language as “summary process.” However, to ensure better results, it’s a better idea to retain an attorney with the experience of handling many eviction cases and a deep understanding of landlord/tenant housing laws throughout the commonwealth, such as the Law Offices of Gary M. Abrams.
It is crucial that, as a landlord, you have grounds for eviction in Massachusetts landlord/tenant housing laws. These fall into three broad categories: Non-payment of rent (which is self-explanatory), no-fault (which means there is no lease and you can evict without any reason), and for-cause eviction (there is some breach of the lease agreement).
Under landlord/tenant housing laws in the entire state, once the time noted in the notice to quit has expired, the landlord must prepare and serve a Summary Process, Summons and Complaint. Again, use a sheriff or constable for the service. No less than 7 days after the service, you must file the paperwork at the court (by the “entry date,” which is usually a Monday). Be aware that the scheduling of eviction cases follows a set pattern that can be a bit confusing to non-lawyers – all the more reason to ensure that you have a good landlord/tenant housing laws lawyer on your side.
It’s always a good idea to try mediation first. If mediation does not work out, you will have to go in front of the judge. Under Massachusetts landlord/tenant housing laws, the procedure may vary from judge to judge. Some will hold an informal hearing in which both sides will be given the opportunity to speak and present evidence, but others will require a more formal hearing and insist on live witnesses and exhibits. This uncertainty makes it very important for Massachusetts landlords who are not represented by counsel to use the mediation sessions to full advantage.
If you’re a landlord in Leominster, MA or the surrounding communities with a difficult tenant looking to have him or her evicted, contact the Law Office of Gary M. Abrams. We are experienced in handling landlord/tenant cases as well as experienced in knowing the housing court laws in central Massachusetts. We’re here to help.