eviction

[Melissa S.]

Hi, I currently am eviciting my tenants for non payment of rent. I had them served via a constable with a 30 day notice. The 30 day is up on September 1st. I have not heard from them since they were served.

Do I ask them if they are going to leave?? I want to start advertising the apartment.

Thank you.

[Brian Lucier]

You are right on track with the 30-Day Notice to quit in Massachusetts. September 1st is a Sunday and DO NOT contact the tenant on a Sunday in Massachusetts. You can do drive by's or maybe talk to the neighbors next door to contact you if there is any signs of a moving truck, but I would NOT contact the tenant at this time. The notice has been sent and your intentions are clear. Personalities can create conflict, words can be said, be misunderstood, then restraining orders, etc. Not good.

That Monday on Sept 2nd, if you have not heard otherwise, file the Summary Process Form that you can purchase for $5.00 from your local housing court session magistrate or buy a few in bulk from the court house in Worcester. Even if they HAVE moved out, and for whatever reason did not notify you, or pay the rent due - you want to make sure you have an execution judgement against them.

This serves two purposes.
One: it gives you the right to take back possesion
Two: It will put the ex-tenant onto http://www.masscourts.org to help other landlords avoid these tenants.

BTW, did they pay the rent after the 30-Day Notice To Quit?

Brian Lucier