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Updated over 3 years ago on . Most recent reply

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50
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Sara W.
  • Investor
  • Boston MA
18
Votes |
50
Posts

Federal moratorium - can 30 day notice still be issued?

Sara W.
  • Investor
  • Boston MA
Posted

I have a tenant that is tenant at will and according to my lease agreement I only need to give them a 30-day notice if I no longer want to continue their month to month lease. Under the federal moratorium can I still issue them a 30 day notice or do I need to wait until the federal moratorium expired in June 30 before I can do serve them any notice? The property is located in MA and I don't think there's any state moratorium in effect right now. I don't think the tenants want to move, but we do want to sell the property soon and most of the interested buyers need the property to be delivered vacant. Thank you for your helps in advance!

Most Popular Reply

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2,840
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Scott M.
  • Real Estate Broker
  • Rochester Hills, MI
2,019
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2,840
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Scott M.
  • Real Estate Broker
  • Rochester Hills, MI
Replied

The fed moratorium does not prevent you for evicting for possession.  Meaning if the lease is up and you want your property back.  Or they are month to month and you want your property back, regardless of the reason, as long as the lease is expired and you are evicting for possession you can do that.  Source:  Me, we have successfully done this over the past 6 months for clients that want their house back.  That said, there are local courts that will not preform and eviction or sign a writ of eviction so after you win in court you need to check with your local bailiff's, sheriffs etc...however you do them locally in case you need to physically remove someone.  Generally speaking, once the tenant looses in court they leave for us.  We also offer cash 4 keys.  Leave by X date for X money with the home in broom clean condition.  They may not take it at first, but as the writing is on the wall they may take it.  The more you spend (time and money) in courts the less you offer. 

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