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I served a Notice to Quit several months ago. 21 Dec 2012 | 10:28 pm
Do I have to serve another Notice to Quit or can I use the prior notice and now serve the Summons? A question such as this one is legal in nature and thus beyond the scope of court personnel to addres...
My landlord has threatened to change the locks to the apartment if I do not pay my rental arrearage. Can he do this? 20 Dec 2012 | 10:21 pm
No. As a tenant, you are entitled to a Notice to Quit and a Summons for a hearing in court for nonpayment of rent. The landlord cannot use self-help to evict a tenant.
Can I still ask the court for a stay of execution? 15 Dec 2012 | 10:20 pm
If the landlord decides to commence an eviction action because I will not pay the rent increase, even if I have no defense to the eviction, can I still ask the court for a stay of execution? Yes. Wher...
Can I charge the tenant for water? 14 Dec 2012 | 10:27 pm
Maybe. It is generally the landlord’s responsibility to provide and pay for water for the dwelling. The Governor has signed into law an act authorizing water sub-metering in residential tenancies. Thi...
Can I collect my rent without going through Summary Process? 10 Dec 2012 | 10:26 pm
Yes, the landlord can sue the tenant for rent owed as well as any other damages in a Civil Action or through Small Claims. The procedures for Civil Actions are governed by the Massachusetts Rules of C...
Am I entitled to notice if my landlord wants to increase my rent? 10 Dec 2012 | 10:19 pm
The tenancy between the parties is a legal contract. It cannot be changed by one side. The tenant can agree to a rent increase. But if the tenant does not agree to the rent increase, then the landlord...
Can my landlord enter my apartment when I am not at home? 5 Dec 2012 | 10:19 pm
Unless it is an emergency, no landlord can enter an apartment, absent a lease provision or a court order. Pursuant to G.L. c. 186, §15B, a lease for residential property can provide that the landlord ...
If I win my Summary Process case, how do I get my tenant out of the dwelling and when? 2 Dec 2012 | 10:26 pm
If the court finds for the landlord and grants no stays of execution, the tenant has ten (10) days to appeal from the date that the Clerk’s Office enters judgment. On the eleventh (11th) day, the land...
Can I take other actions to force my landlord to correct code violations? 29 Nov 2012 | 10:18 pm
You should first tell the landlord about the violations. If this does not work, you can contact your local Board of Health, or Inspectional Services, asking them to inspect the property. The Inspector...
Can I sue my tenant for money damages if I commence a Summary Process action? 25 Nov 2012 | 10:25 pm
In Summary Process, a landlord can sue the tenant for rent, even where the underlying reason for the eviction is not for nonpayment. Within the Summary Process Complaint form provided by the court is...
