Mass Landlord Rights Guide

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    landlordrights and

    responsibilities

    ConsumerAffairs&BusinessRegulation

    a Massachusetts consumer guide to

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    Finders feesWhen renting an apartment, you are not permitted tocharge a nders ee to a prospective tenant i you arealso the landlord o the unit (M.G.L. c. 112, 87DDD and254 C.M.R. 2.01 et seq.). Only a licensed broker or

    salesperson can lawully collect a ee or bringing together alandlord and a tenant.

    Duty Not to Discriminate Unlawfully

    A matrix o Federal, State and local laws combine to prohibitdiscrimination on the basis o race, color, national origin,ancestry, sex (gender), sexual orientation, age, maritalstatus, religion, military/veteran status, blindness, hearingimpairment, receipt o public assistance or housing subsidy,

    and children, with minor exceptions. Discrimination isprohibited against children because the apartment containslead paint and you do not want to incur the expense odeleading the apartment. Be certain your rental agents

    understand that you will not tolerate rental discrimination.

    Screening Prospective TenantsBecause paying your mortgage is directly dependant uponyour tenants paying you, you should always run a creditcheck and a check o the tenants prior rental history throughcompanies making this inormation available or a nominalee. You should always conrm current employment, salarylevel, prospects or remaining with the employer, and

    landlord reerences rom not just the current landlord, butthe tenants landlord just prior to the prospective tenantscurrent landlord. Also, you may want to meet your tenantsprior to giving nal approval, especially in an owner-occupied multi-unit rental. The rule o thumb that tenants

    should pay no more than o their income or rent hasbeen stretched beyond that recommendation by increases in

    Finding a good tenant.:

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    market rents. However, i the tenants oer a co-signatureo a parent or riend on their lease to guarantee their rental

    obligation to you, consider careully that a guarantee by anout o state signer is very dicult to enorce.

    Pre-Rental Preparation of the Apartment

    Beore renting an apartment, you should inspect itcompletely ater the current tenant vacates or near the endo the current tenants occupancy to assess any damage, toassure that it is in good repair when attempting to re-rentthe apartment, and or the incoming tenant once it has beenrented. You are obligated under certain circumstances tohave the local Board o Health inspect and veriy that theapartment meets State Sanitary Code and saety standardsprior to re-renting.

    It makes good business sense to do this on all occasionswhether required to or not, because anticipating and resol-ving problems beore they become major issues is essentialto the smooth, cost-eective and protable operation o

    residential property.

    Inspectors Sign-Off Once All Violations CitedHave Been Repaired

    Obtain the Inspectors sign-o once all violations have beencorrected. This sign-o also acts as violation-ree baseline i the tenant should claim there are problems with theapartment ater taking occupancy.

    Obligation to Delead The ApartmentWhenever a child under the age o six (6) resides inresidential premises containing unlawul levels o lead, youare obligated to properly remove the oending substances

    (M.G.L. c. 111, 199(a)).

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    You or your agent are required to give the MassachusettsLead Law Notication orm to tenants regarding the dangers

    o lead paint, and the requirement to remove lead paintwhere children under six (6) intend to reside.

    Maximum Pre-payments

    While a tenant may have a pet, or some interest such asportrait painting, which may potentially harm the apart-ment, you are prohibited rom the collecting as advancepayments more than the rst and last months rent, onemonths security deposit, and the cost o installing a new

    lock (M.G.L. c. 186 15B).

    It is an unair or deceptive practice or you to demand that atenant prepay rent when a tenant is not obligated to and didnot, in act, occupy the dwelling, unless otherwise agreed to

    in writing by both parties (940 CMR 3.17 (6)(d)).

    A violation o the Consumer Protection Statute c.93A, orcommitting an unair or deceptive act against a tenantexposes you to up to treble damages, costs and payment o

    the tenants attorneys ees.

    Types of tenancies.

    Your legal rights will vary depending on the type o tenancy.

    A Tenant Under LeaseA lease generally means a signed agreement to rent anapartment or a nite time, or a specic amount o money

    usually paid per month. You may not evict the tenantbeore the end o the term, unless the tenant violates someprovision o the lease. You may not increase the rent untilthe end o the term, unless the lease states otherwise. Mostleases provide that i the tenant violates the lease youmay evict the tenant. A ourteen (14) day notice to quitis required or nonpayment o rent (M.G.L. c. 186, 11).Although your tenant has agreed to pay you or every month

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    o the tenancy the lease exists, i the tenant leaves theapartment without your consent, the tenant, except as stated

    below, owes rent or the entire remaining balance o thelease. However, you must make reasonable eorts to nd anew tenant to take over the balance o the ormer tenantslease. This is known as the landlords duty to mitigate

    damages.

    Tenancy At WillYou have a Tenancy at Will when, with your permission,a person occupies your apartment, paying rent regularly,usually monthly. A Tenancy at Will may be written or oral.Either you or your tenant may terminate this agreementat any time or a specic reason or or no reason by giving30 days written notice or notice which covers a ull rental

    period, whichever is longer. Termination o a Tenancy atWill or nonpayment requires only a 14 day notice to quit(M.G.L. c.186, 12).

    While a valid Tenancy at Will may be either oral or

    written, reducing the agreement to writing provides addedprotections or both you and the tenant, and this should bedone at all times. It is also recommended that the tenancyagreement be written because in the absence o a written

    document placing the burden o paying utilities on thetenant, the law places the burden o paying those utilitieson the landlord, even in the ace o an oral agreementstating the tenant will pay them. A handshake is nice, buta written agreement is ar better (105 C.M.R. 410.190,

    410.201, 410.354).

    Subsidized TenancyMost aspects o a subsidized tenancy are controlled by the

    lease and applicable State and Federal law, much o whichdiers rom the summaries given here or the market ratetenants.

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    Security deposit and

    last months rent.

    Last Months RentA last months rent is a prepayment made at the beginningo the tenancy to the landlord to be applied to the lastmonth o the tenancy. There is no requirement or you toescrow the money in a separate interest-bearing account.A receipt must be given at the time the last months rentis taken indicating the amount, date o receipt, a notation

    identiying the money as the last months rent, the nameo the person receiving the money or or whom the moneyis being received, the description o the premises or whichthe last months rent is taken, a statement indicating thetenants entitlement to yearly interest at the rate o 5 % orsuch lesser amount as the landlord actually receives i thelandlord chooses to escrow the money, and a statementtelling the tenant to provide a orwarding address by theend o tenancy to which the interest may be sent. Upon

    increase o the rent, you may require the tenant to increasehis or her last months rent to the current rent level (M.G.L.c. 186, 15B).

    Payment of Interest On Last Months RentInterest must be paid to the tenant either on the anniversarydate o the tenancy or on a pro-rata basis, i the tenancyends beore one year, or all months except the last montho the tenancy. On the anniversary date o the tenancy, the

    landlord must send a statement as to the amount o interestdue with payment o that interest or a statement indicatingthat the tenant may deduct the appropriate amount romthe next rental payment. I you have not sent either o the

    above to the tenant by the anniversary date o the tenancy,the tenant may lawully deduct the prescribed amount ointerest rom the next rental payment. This deduction is not

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    payment is to be made on the anniversary date o thetenancy.

    Payment of Interest on Security DepositOn the anniversary date o the tenancy, you must send thetenant a statement o the interest owed with a check or

    the interest, or you must notiy the tenant that s/he maydeduct it rom the next rental payment. I within 30 days othe anniversary date o the tenancy you have ailed to paythe interest, the tenant may lawully deduct it rom the nextrent payment. Upon termination o the tenancy, you mustorward the interest due to the tenant within 30 days.

    Statement of ConditionEither upon receipt o the deposit or within ten (10) days

    thereater, you must provide the tenant with a Statemento Condition, which contains a comprehensive list o allthen-existing damage to the unit, which list is signed byyou or your agent. The notice must inorm the tenant that

    s/he must sign the list within teen (15) days o receipt ormove-in, i it is correct. You must urther inorm the tenantthat ailure to re-submit the list may allow a court to viewthe tenants ailure to sign as agreement to the completenesso the landlords proposed Statement o Condition. You

    then have teen (15) days to sign o on the tenants list odamages or send a clear statement o disagreement to thetenant. Although there are orms available or these pur-poses, it is recommended that an attorney or other real estate

    proessional be consulted when taking a security deposit.

    Deductions From the Security DepositUpon termination o the tenancy, you must return thesecurity deposit or balance thereo within thirty (30) days othe tenants vacating the apartment. You may only deductor the ollowing items:

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    Unpaid rent not lawully withheld;

    Unpaid increases in real estate taxes the tenant is boundto pay pursuant to a valid tax escalator clause in thelease; and

    Any reasonable amount necessary to repair damagecaused by the tenant or their pets or guests.

    The normal wear and tear in an apartment is not a deducti-ble item o damage.

    I you deduct or damages, you must provide the tenant witha statement sworn to under the pains and penalties o per-jury listing the damages or which you are deducting alongwith documentation showing the actual or estimated costs

    o these repairs such as bills, receipts, or invoices. You maynot deduct or damages set out in the respective Statemento Condition unless you made repairs to them subsequent tothe start o tenancy and they were again damaged by thetenant or persons within the tenants control.

    I damages exceed the security deposit, you are ree to sueor those as well.

    Transfer of Security Deposit toNew Landlord

    Notice from New OwnerWithin orty ve (45) days o the transer, the new ownermust notiy the tenant that the security deposit has beentranserred and that s/he is holding it or the benet o thetenant. The notice must be written and must contain the

    new owners name, business address, business telephonenumber, and the same inormation or any agent.

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    Penalties For Failure to Properly HandleSecurity Deposit

    I you do the ollowing, the tenant is entitled to the immedi-ate return o the security deposit:

    Fail to make the security deposit records available to the

    tenant during business hours; Fail within thirty (30) days o taking a security deposit to

    give the tenant a receipt with the name, address o thebank where the money is held, and account number o

    the bank in the amount o the deposit; Make deductions or damages without submitting proper

    documentation described above; or

    Use a lease with provisions that confict with the Security

    Deposit Law and you attempt to enorce this lease orattempt to make the tenant waive his or her rights.

    I you do the ollowing, the tenant is entitled to the immediatereturn o the security deposit and treble damages, court costsand attorneys ees:

    Fail to place the security deposit into a Massachusettsinterest-bearing bank account separate rom your own;

    Fail to return the security deposit or balance thereo withinthirty (30) days ater termination o the tenancy; or

    Fail to transer the security deposit to the new landlord(M.G.L. c. 186 15B).

    A new landlord has the same transer responsibilities as statedabove or last months rent.

    Continuing Liability of Former OwnerThe ormer owner and agent remain liable under thetreble damages provision o the Statute or retention andaccounting, until either:

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    1. The security deposit has been transerred and the tenanthas been given the above-written notice or

    2. The security deposit has been returned to the tenant.

    The new owner has ull liability or the treble damages, eveni the ormer owner ails to transer the security deposit and

    ails to give the proper notice described immediately above.

    It is recommended that i you choose to take a security depo-sit, you consult an attorney or other real estate proessionalbeore doing so, because the penalties or ailing to properly

    handle the tenants money are severe.

    Other common landlordsrights, duties & remedies.

    The Right to Prompt PaymentYou have the right to receive the rent on the rst o eachmonth unless the parties otherwise agree. There is no graceperiod in Massachusetts and thereore i the tenant does notpay on the rst o the month, you may begin an eviction bysending a notice to quit.

    The Right to Have Compliance With Tenancy

    AgreementYou have the right to have the tenant abide by the termso the tenancy, whether it is oral or written. I the tenantbreaches terms o the tenancy, or example by having

    unauthorized sub-tenants, pets, smokers, or other prohibiteduses such as raising pigeons in the apartment, you have theright to terminate the tenancy and to move to evict. SeeEviction below.

    Increasing RentYou may increase the rent in any amount you believe themarket will bear or a non-subsidized unit or or a unit that

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    does not all under the ew remaining restrictions o rentcontrol pertaining to mobile homes, under the ollowing

    circumstances:

    Under a tenancy at will, you must end the tenancy andnotiy the tenant o the rent increase at least a ull rentalperiod in advance, but not less than 30 days in advance othe eective date o the increase.

    You may only increase the rent o a tenant under a lease a-ter the lease terms expires, unless the lease states otherwise.Typically, the lease will state notice deadlines or renewalwhich should be observed when seeking a rent increase o atenant under lease. Rent increases can be complicated. Theadvice o an attorney should be sought beore attempting it.Increasing rent incorrectly could lead to costly, time-

    consuming and needless problems or litigation with yourtenant (M.G.L. c. 186, 11, 12).

    Late Payment Penalty

    You may not charge a late ee or penalty or rent paid pastthe due date unless it is paid 30 days or more past the duedate. A reverse penalty to encourage early payment is alsoillegal. For instance, where you promised to reduce the rentby 10 % i the rent is paid within the rst ve days o the

    month, this is an illegal provision (940 CMR 3.17 (6)(a).However, because there is no grace period, you maybegin eviction i the rent is only one day late.

    UtilitiesYou may require tenants to pay their own electricity andgas bills. But, i you do not put this obligation in a writtentenancy agreement, you may later be charged with payingpast utility bills, i the tenant reuses to pay, despite havingverbally agreed to pay them.

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    The Right to Enter The ApartmentA landlord may generally enter the apartment at reasonable

    times and upon reasonable notice or these reasons:

    To show the apartment to prospective tenants, purchasers,lenders or their agents;

    To inspect the premises;

    To make repairs;

    To inspect within 30 days o the end o the tenancy to

    determine damages to be deducted rom the securitydeposit;

    I the premises appear to be abandoned; or

    Pursuant to Court order.

    Duty to Provide Habitable PremisesYou must provide habitable apartments and common areasor the entire tenancy in accordance with the minimum

    standards o the State Sanitary Code which seeks to protectthe health, saety, and well-being o your tenants and thegeneral public.

    Heat: Landlords must provide a heating system or each

    apartment or one system that services all apartments ingood working order. The landlord must pay or the uel toprovide heat and hot water and electricity unless the writtenrental agreement states that the tenant must pay or these.

    The heating season runs rom September 16 through June14th, during which every room must be heated to between68F and not more than 78F between 7:00 a.m. to11:00 p.m., and at least 64F at all other hours.

    Kitchens: In each kitchen landlords must provide a sinksucient or washing dishes and kitchen utensils, stove

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    and oven in good working order, unless the written rentalagreement states the tenant must provide this, and electrical

    hook-ups or installation o a rerigerator. The landlord isnot required to provide a rerigerator, but i s/he does, itmust be maintained by the landlord in good working order.

    Water: I the landlord meets certain legal requirements thenthey may charge a new tenant or water consumption byinstalling a water meter or the unit. Landlords should bereminded that they are still responsible or payment o thewater and sewer bills and must bill their tenants separately.

    Beore installing separate water meters, landlords mustcontact the Massachusetts Department o Public Health orrequired orms. Landlords must still provide the acilitiesor heating water to a temperature between 110F and130F and must pay or this uel unless the written tenancyagreement states that the tenant must pay or it.

    Inestation: Landlords must maintain the common areasand apartments ree rom rodent, insect and other inestati-on i there are two or more apartments in the building.

    Structural Elements: Landlords must maintain theoundation, foors, walls, doors, windows, ceilings, roo,stairwells, porches, chimneys and all structural elements so

    as to exclude wind, rain, and snow; so as to be rodent-proo,weather tight, watertight, and ree o chronic dampness, ingood repair and t or human habitation at all times.

    Maintenance o Exits: Each exit used or intended or use by

    the buildings occupants must be maintained by you andkept ree o all snow, trash and other obstructions.

    Tenants rights.

    Rent WithholdingI you ail to maintain the premises during the entiretenancy, in habitable condition, your tenants may rightully

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    withhold part o the rent rom the date you have notice obreach o the Warranty o Habitability, i:

    They complained to you o deects or problems or theBoard o Health cited the apartment or building or Codeviolations;

    The tenant was not in arrears in rent beore you knew othe conditions complained o;

    You do not show that the complained o conditions werecaused by the tenant or occupant;

    The premises are not in a hotel or motel or in a lodginghouse in which the tenant had resided or less than three(3) consecutive months; and

    You ail to show that the needed repairs are so extensivethat the apartment must be vacated to complete them.

    Repair and Deduct

    Your tenant may validly make repairs him/hersel anddeduct rom uture rent i:

    The Board o Health certies that there are violationspresent which may endanger health, saety, or well-being

    o the residents;

    You are notied in writing o the violation;

    You have ailed to contract with someone to do the repairs

    within ve (5) days o receiving written notice or you ailto substantially complete the repairs within ourteen (14)days o receiving notice;

    The tenant did not cause the violations;

    The tenant must deduct only reasonable amounts orent in light o the violations and alternative correctivemeasures; and

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    The tenant did not unreasonably deny you access tomake repairs.

    The tenant is limited to a maximum deduction o our (4)months in a twelve (12) month period. I your tenant doesnot wish to make repairs, and the problems have been certi-ed by the local Board o Health to exist as described above,the tenant may declare the tenancy void and may leavewithin a reasonable time so long as, the tenant pays theair rental value or the time s/he occupies the apartment(M.G.L. c. 111, 127L).

    RetaliationYou cannot retaliate against your tenants or exercisingtheir legal rights such as complaining to you or the Board

    o Health about problems with the apartment, joining atenants union or lawully withholding rent or repairingand deducting. It will be presumed that you are retaliatingagainst your tenant i within six (6) months o the tenantsexercising any protected rights as briefy stated above, you

    terminate the tenancy, increase the rent, or otherwise at-tempt to change the terms o the tenancy. In order to thenavoid penalties o up to three (3) months rent, attorneysees and costs o the action, you will then have to prove in

    court non-retaliatory reasons or doing these acts.

    Keeping good records.

    Like any business, the ecient operation o residential

    property requires good record keeping. It is strongly urgedthat you keep detailed records o all aspects o the tenancy.In addition to the extensive records required o you i youtake a security deposit, you should keep records o allcontacts and complaints by tenants, with dates, and notes

    regarding conversations; contacts with repairmen, health de-partment inspections, invoices, paid repair bills, and similarinormation. Massachusetts tenants have many rights and

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    remedies. Frequently, good records mean the dierencebetween winning and losing your case in court or avoiding

    court altogether.

    Evictions.

    Resolving Disputes Without CourtWhen complaints or disputes with tenants arise, investigatethem and address them quickly. Ignoring tenant complaints orfatly reusing to address them can lead to costly, acrimonious,eviction cases, and a prolonged stoppage o rent paymentswhile the matter is litigated. Thereore, it is prudent to try toresolve all issues beore ling an eviction case in court, aterwhich time, the tenant may well cease paying rent until ajudge tells him or her how much and when they must begin

    paying again or their continued occupancy o your apartment.This could and oten does take many months to resolve icontested.

    In attempting to work with tenants having a hard time

    nancially, or suering other problems which interere withtheir living up to their agreement with you, do not allowthe problems to drag on or long without airly quick writtenresolution. Because Summary Process cases (eviction cases)can take months to resolve, especially i contested, i youallow a nonpayment situation to continue or long withoutreceiving regular payments against the arrearage, you willhave lost many months o rent by the time you win anexecution (court order or the move out). In the absence o

    any mandatory rent escrowing requirements, you will likelylose the rent entirely or the intervening months.

    Early termination.

    Near the end o a lease, you may sometimes begin eviction,i you have substantial grounds to believe the tenant is likelyto continue in possession o the premises ater the termination

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    date in the lease. However, no Execution (court order or moveout) can be issued beore the termination date in the lease.

    But, you will have saved time and perhaps the incomingtenancy by having the courts permission beore hand to evicta tenant holding over ater his or her lease has ended (M.G.L.c. 239, 1A).

    No lock-outs.

    I you want a tenant out o your apartment permanently,the only way to evict the tenant lawully is by getting an

    Execution (court order to move out). You cannot lock out atenant under any but a ew narrowly interpreted and excep-tional circumstances. The penalties or unlawully shuttingo the tenants utilities or or unlawully barring a tenantaccess to the apartment without an Execution can be severe,

    running the gamut rom three months rent, attorneys ees,and injunctions orcing you to put the wronged tenant backin the apartment, and criminal penalties and nes in someinstances (M.G.L. c. 186, 14).

    Termination of tenancy:Notice to Quit.

    Tenants under lease: I you want to evict a tenant under a

    lease or a reason other than nonpayment, such as havingunauthorized sub-tenants, or property damage, the leasewill generally tell you what type o Notice to Quit you mustuse and when to serve it. I you are evicting the tenant ornonpayment, you must send a 14 day Notice to Quit (M.G.L.

    c. 186, 11). But, i the tenant pays all monies due, pluscosts, interest and your court ling ees by the date herAnswer is due in court, the tenant has an absolute right tostop the eviction.

    Tenants at Will: I you are evicting or a reason other thannonpayment, or or no reason, you must give the tenant a

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    30 day Notice to Quit. I the eviction is or nonpayment,you must give a 14 day Notice to Quit. But, i the tenant

    pays the amount claimed due, plus costs, interest and yourcourt ling ees in 10 days, and i this is only the secondNotice to Quit or nonpayment within 12 months, the tenanthas an absolute right to stop the eviction. I you do not

    place notice o this act in the Notice to Quit, the tenant hasa right to stop the eviction by paying the above sums notlater than the date his Answer is due in court (M.G.L. c. 186, 12).

    Subsidized Tenancies: While eviction o these tenants isno longer subject to the exclusive authorization o the localhousing authority, eviction is still controlled by the specicterms o the lease and by a matrix o Federal and State law.An attorney should be consulted when evicting a subsidizedtenant.

    The many types o Notices to Quit vary depending on thetype o tenancy sought to be terminated and the rights youwish to reserve to yoursel ater terminating the tenancy.The rules governing timing and method o service areconusing to the new landlord as well. It is recommendedthat you should not rely solely on the advice o a constablewhen sending a Notice to Quit, but rather that you also

    consult an attorney beore you move to evict. Althoughmost constables are knowledgeable as to service, they maynot know all o the requirements o terminating tenanciestechnically required o you in order not to have your casedismissed in court, or to reserve certain rights to you.

    Summons and complaint.

    When the notice period ends, you or your lawyer must servea Summary Process Summons and Complaint on the tenant.This ocially brings the tenant under the courts power andinorms him or her o the trial date, the place o the hearing,

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    the reasons or eviction and how much money, i any, youclaim the tenant owes you.

    Answer.

    This is the tenants written response sent to you in whichs/he states why s/he should not be evicted and what, i any,

    counterclaims or money damages s/he has against yousuch as violations o the State Sanitary Code, retaliation, oraulty eviction procedures.

    Trial.I you cannot reach an agreement with the tenant resolvingthe reasons or eviction, there will be a trial. At this hearing,the tenant and you or your lawyer present your witnesses

    and documents and a judge or jury decides i you win or ithe tenant wins and how much money, i any, the tenantmust pay or how much, i any, you must pay the tenant.

    Appeal.

    Either party may appeal within 10 days o entry o thejudgment, i dissatised with the outcome o the trial, byling a Notice o Appeal (M.G.L. c. 239, 3, 5 and M.G.L.c. 231, 97). But, as a condition o the tenants appeal,

    s/he must post an appeal bond in an amount determinedby the court. Or, the court may waive the bond i the tenantcan show s/he is indigent and has a real deense. I thebond is waived by the court, the tenant must still pay the

    rent which comes due during the appeal. I the court will notwaive the bond, the tenant must pay past due rent and rentaccruing as the appeal progresses, i the tenant wants tostay in the apartment during the appeal. The tenant cannotbe physically evicted until the appeal has been dismissed or

    decided. Appeals are raught with procedural pitalls andshould be undertaken with a knowledgeable attorney.

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    Execution.

    The Execution is the courts order requiring the tenant tomove rom the apartment. Ater the appeal is decided ordismissed, Execution will be issued, but not beore then.The Execution must be used within three months o its

    issuance or it expires. I you accept the ull amount othe rent awarded by the court in a nonpayment case, youeectively waive your right to remove the tenant and youhave created a new tenancy.

    Physical move out.To physically remove the tenant rom your apartment, youmust hire a constable and a moving company, i the tenanthas reused your request to go. The constable must give the

    tenant 48 hours notice that s/he is coming with the truck. Onthe date set, the constable goes to the property, physicallyremoves the tenant and her goods, orders the movers to storethem in a storage acility, at your expense initially, and givesthe keys to you. That ends the eviction process.

    The tenant must now go to the storage company or herproperty. Because the warehouse has a lien on the propertyor its unpaid ees, i the tenant does not retrieve the property

    within six months, the warehouse may sell it. You may suethe tenant or your costs o the eviction (M.G.L. c. 239, 4).

    Stay of execution.

    I the eviction was a no-ault eviction and i the tenantcannot nd a new apartment, s/he may ask the judge ora stay o execution o up to six months, or i s/he is elderlyor handicapped, up to one year. I the eviction was ornonpayment, technically, the judge has no power to grant a

    stay. However, i in a nonpayment case, the tenants awardon his counterclaims was less than the amount o rent

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    awarded to you, the tenant can avoid eviction by paying thedierence, with interest and court costs in seven (7) days

    (M.G.L. c. 239 8A).

    Documentation.

    When the tenant is leaving, you should view the apartment,

    take pictures and review the Statement o Condition, i any,so as to denitively veriy the condition o the apartmenton the date o move out. This will establish what wasdamaged by the tenant during his time in the apartment

    and should avoid a later problem with security depositdeductions and possible litigation.

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    www.mass.gov/consumer

    email

    [email protected] publication provides general inormation aboutMassachusetts consumer issues and procedures. It is notdesigned to address all questions in detail and consumersare encouraged to seek urther guidance by contacting theagency directly.E Printed on recycled paperLast updated: May 2007

    Massachusetts Ofce

    O Consumer Aairs

    & BusinessRegulation10 Park PlazaSuite 5170Boston, MA 02116Administration:

    (617) 973-8700Consumer:(617) 973-8787TTY/TDD:(617) 973-8790

    Deval L. PatrickGovernor

    Timothy P. MurrayLt. Governor

    Daniel OConnellSecretary o Housing &Economic Development

    Daniel C. CraneDirector

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