State Specific Question About: MASSACHUSETTS (MA)

Either you, a constable or a sheriff must serve them with the correct 14 day notice. If you serve it you will need to be able to prove when & to who you served it. I normally serve them myself. I give the tenant the option of accepting & signing a receipt / copy of the notice. I make sure they realize that if they don't cooperate that I will have a constable serve them & the cost will be added to their bill.

In Ma there is very specific wording for each of the two types of 14 day notice. One is for term tenancies and the other is for MTM tenancies. Make sure you use the correct one. Here is an example of one.

14 DAY NOTICE TO QUIT

Date:

__________________

To:

_______________________________________________________& All other Occupants

___________________________________

_________________

__________________

You are hereby notified to quit and deliver up on or before fourteen (14) days after your receipt of this notice,

the premises that you occupy as their tenant, to wit:

The entire premises located at:

_____________________________________________

, Apartment # (if applicable)

__________

(Street Address)

__________________________________

,

_______

,

__________

,

(City) (State) (Zip)

together with all the landlord's appurtenances thereto belonging.

The reason for this notice is non-payment of rent. As of the above date, the amount of your arrearage balance

is as follows: TOTAL$

________________________

If you remain in the above unit on the date specified for termination, we may seek to enforce termination only

by bringing a judicial eviction, at which time you may present a defense; you may be required to pay court

costs and attorneys fees if it is instituted.

If you are a tenant at will and have not received a Fourteen (14) Day Notice To Quit for non-payment of rent

within the twelve (12) months preceding your receipt of this Notice, you have a right to prevent termination by

paying or tendering to your landlord's attorney or the person to whom you customarily pay your rent, the full

amount of rent due within ten (10) days after you receipt this notice.

If any tender of monies or payments does not comply with the requirements noted above or otherwise cure or

excuse the breach as provided by law, any monies paid by you after the date of this notice shall be accepted

for use and occupancy only and not for rent, shall not waive this notice or any subsequent eviction, nor shall it

create or reinstate any tenancy.

You are hereby notified to produce this notice at any court where this case may be heard.

Sincerely,

__________________________________________

Landlord / Property Manager

Phone Number:

_____________________________

Date:

_____________________________________

Thanks for that info i would need the month to month is the one you put up that one?

The example I posted will actually work for either a term tenancy or a MTM tenancy. If you use a constable or a sheriff they should have the correct form & know just what to do.

FYI for a MTM tenancy the tenant has the right to cure only once in a 12 month period

"If you are a tenant at will and have not received a Fourteen (14) Day Notice To Quit for non-payment of rent

within the twelve (12) months preceding your receipt of this Notice, you have a right to prevent termination by paying or tendering to your landlord's attorney or the person to whom you customarily pay your rent, the full amount of rent due within ten (10) days after you receipt this notice."

This means that you don't have to legally allow them to just pay up & continue living there if they become late more than once in a 12 month period.