The formal eviction process is called the summary process and begins when the landlord files a complaint with the court. During the eviction process, the tenant has the right to defend himself against eviction and to assert counterclaims for damages. Eviction refers to a landlord who excludes a tenant from the use of the property, usually because the tenant has significantly violated the lease and/or has not paid the agreed rent. Your rights and obligations as a landlord or tenant vary depending on whether the tenancy is based on a lease or a lease at will. Both landlords and tenants have rights and obligations. The main duty of an owner is to respect the implicit guarantee of habitability: that the premises are in a safe and habitable state. The tenant has various remedies if the landlord does not comply with this obligation or if he does not fulfill the implied obligation of peaceful enjoyment. This includes termination, compensation and withholding of rent. The tenant also has obligations: to pay the rent, not to commit waste and not to use the property for illegal purposes. If the tenant disputes the amount of rent owing, the rent does not have to be filed with the court and a hearing must be held. If you want damages from the tenant, you must wait 20 days to schedule a hearing on damages. At the hearing, you can request the eviction of the tenant. If the judge agrees that the tenant violated the terms of the agreement, a sheriff will serve an eviction notice on the tenant.
The tenant then has 24 hours to vacate your property, or the sheriff can return to remove the tenant and supervise the removal of the tenant`s belongings. Since these procedures are so technical, it is advisable to have them handled by a lawyer. Even if you decide to file the lawsuit in district court yourself, you should have a lawyer review the notices you gave and how you served them to make sure you have properly complied with all the necessary requirements of the schedule. A single mistake can lead to a serious delay in the repossession of the property. In addition to the substantial omission by the owner of 1 of these 5 elements, the tenant must also vacate the property within a reasonable time. Otherwise, the tenant waives the right to a de facto eviction request. If the tenant leaves after a reasonable period of time, a court may find that the tenant has renounced (see below). In all cases, the restoration of the tenant is limited to the damage that would have been suffered by a tenant who would have taken all reasonable measures to mitigate the losses. That is, the tenant must take reasonable steps to avoid losses due to the landlord`s violation, to find a new space to move effectively in the event of termination, and so on.
Neithamer v. Brenneman Property Services Inc. (1999) is a landmark case involving a landlord discriminating against a prospective tenant. In this case, the court created a test (see below) to determine when a landlord discriminates against a prospective tenant. In addition to a summary court case and self-help, the landlord has another possible legal recourse against the tenant: enforce another rental period. In order to extend the lease in this way, the landlord only has to inform the tenant that it is tied to another term, which is usually measured by the periodic nature of the rent payment. For example, if the rent was paid monthly, the imposition of a new term results in a monthly lease. One year is the maximum tenancy that the landlord can create by holding the tenant for another term.
The landlord must provide a signed receipt for any payment made in cash or by money order. The receipt must include the amount paid and the date of payment, as well as a description of the payment. The receipt must also include the name of the landlord, the name of the tenant and the name of the person to whom the payment was made. In addition to the tenant`s obligations, which are set out in the lease itself, the common law provides for three other obligations: (1) to pay the rent reserved for the lease, (2) not to commit waste (damage) and (3) not to use the premises for illegal purposes. The third obligation for landlords under the Landlord and Tenant Act is to transfer ownership of the unit to the tenant. This means that the unit is free for the tenant on the move-in date specified in the lease. If the unit is not available to the tenant on the specified move-in date, the tenant may be able to take legal action against the landlord for non-compliance with the lease. All security deposits must be deposited within the first month of rental with a Massachusetts bank in an account that collects interest.