Landlord/Tenant

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Landlord/Tenant

Landlords in the Commonwealth of Massachusetts have the right to regain possession of their property if they properly terminate the tenancy and obtain a judgment from the Housing Court of appropriate jurisdiction for possession.

What is most important is that the Landlord follow the rules to regain possession.

The laws in Massachusetts pertaining to the eviction of tenants is particularized. A Landlord that does not follow all of the rules will quickly find themselves without the ability to regain possession of their property. An experienced advocate can avoid the pitfalls and delays that can be caused by a simple failure to follow the process.

First

You must terminate the tenancy by issuing and serving the proper notice.

Second

You must obtain and serve the Summary Process Summons and Complaint.

Third

You file the Summary Process summons and Complaint.

Fourth

You receive and serve a Notice of the First Tier Event. This is the process required by the Housing Court to screen every case filed to determine whether an agreement can be made, or a trial scheduled.

Fifth

You appear at trial and present your case. There can be delays prior to trial for discovery, applications for financial assistance by the Defendant, or a request by the Defendant for a jury trial. Ultimately, you will have a trial on the merits and you need to meet your burden of proof. You will likely face affirmative defenses and/or counterclaims by the Defendant that can impact, or impede your ability to move forward. Do not get caught unprepared. Have a competent attorney guiding you through the process.