Notice to quit ma9/27/2023 ![]() Many Massachusetts property management companies also ask their tenants to provide a Notice to Vacate at least 30, 60, or 90 days before the lease has expired if they plan to move out at the end of the term. ![]() This Massachusetts Notice to Vacate Form notifies tenants to vacate the rental property, remove their possessions and return the keys by the expiration of the term. Massachusetts Notice to Vacate Forms are used by landlords and tenants in Massachusetts to notify the other party that they do not intend to renew their rental agreement. Cambridge-Street-Realty-LLC-v.Massachusetts Notice to Vacate - What is it? This is one reason, among many, that Massachusetts landlords should consider speaking with a landlord-tenant attorney for assistance with an eviction. A tenant who does raise the adequacy of a notice to quit in court will be heard on this issue, and will be successful if the landlord provided the tenant with an improper notice. It would, however, be shortsighted to interpret Cambridge Street Realty as diminishing the notice to quit requirement for Massachusetts evictions. ![]() Such an outcome could have conceivably allowed a tenant to void an eviction well after it occurred, leaving possession of a rental apartment in flux. Making a notice to quit a jurisdictional requirement for evictions would have had precarious implications for landlords. As such, a tenant is unable to come back to court later and attempt to reverse an eviction, by arguing that the original notice to quit was in error.Ĭambridge Street Realty is an important win for Massachusetts landlords. Failure to do so means that the tenant waived the right to challenge the eviction on these grounds. While a notice to quit is a requirement for most evictions, a tenant must adequately raise a defective notice as part of their eviction defense. Here, the tenant argued that a notice to quit is a jurisdictional requirement, meaning that the failure to provide an adequate notice to quit could be raised at any time. The Court in Cambridge Street Realty needed to determine what impact a defective notice to quit has on an eviction. What Does a Defective Notice Mean For An Eviction Case? Here, the tenant alleged that the notice to quit was defective, but only raised this argument after the eviction case was over. In Cambridge Street Realty, the tenant was in Section 8 housing, which is federally subsidized and generally has additional, specific requirements for such a notice. The time required in the notice to quit generally depends upon the type of tenancy and the reason for eviction. Failure to provide an adequate notice to quit is often grounds for dismissing an eviction case. This is required for nearly all evictions in Massachusetts and requires the landlord to prove that it served one of these notices to the tenant, prior to starting an eviction. Here, I’ll focus on the decision’s discussion of the notice to quit, which is a requirement for nearly all evictions in Massachusetts.Ī notice to quit is a legal document informing a tenant that the landlord is terminating their tenancy. Stewart, is included below.Ĭambridge Street Realty concerns several legal issues that are of importance to Massachusetts eviction law. The Supreme Judicial Court issued an important decision this week clarifying the notice to quit requirement for Massachusetts evictions.
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