Evictions in Massachusetts, are they on Hold?

Question

Hello BP. I have neighbors telling me that there has been some drug activity with some of my tenants that live upstairs. I'm here in Massachusetts and I've heard rumors that evictions are on hold is this true? I need to get them out and I want to try cash for keys first but if that doesn't work I'm going to have to do a formal eviction.

Douglas Snook · Answer

sorry for the delay in answering. How would they know you are offering cash for keys unless you told them you would want them to leave. And if they said no thanks you are left with evicting. Hopefully it will be over this weekend and then you can serve them either the 14 day notice or the 30 day notice.

Jake B. · Answer

@Douglas Snook Could cash for keys be considered an attempt at eviction?

Douglas Snook · Answer

If you have some kind of proof of the drug use/dealing you should be able to get them out with an emergency eviction. Call the housing court that would handle the matter. Are the police there every other day? The clerks should be able to give you a better idea of what you would need to present to the court to have them accept the eviction case.

At this late time I would not try cash for keys until after the ban is lifted. There is a $5000 fine for attempting an eviction in MA (so you can not send a 14 day notice if the rent is late nor can you send a 30 day notice that you are going to terminate the tenancy)

Is there any other reason you want to evict them? Is the rent being paid on time? If it is just the word of the other tenant and you have not proof you will have to wait until October 17 for the ban on evictions to expire (if it doesn't get extended again)

Marilyn Savage · Answer

At this point Massachusetts really only allows evictions for “safety reasons”. Drug use is one of those. The problem is you’re gonna have to figure out a way to get on the court calendar to execute. That will not be easy for many months