thanks for all of your respond!
here are answers for above Mass Steve:
In order to properly answer your question it would be helpful to know;
1. Did you use the correct 14 day notice? FYI there are 2 different 14 day notices one for MTM & the other for term tenancies. They each have very specific working, specific type size and have different rights for tenant to cure.
Answer: Yes, I used a letter provided by a constable office for Mass tenants.
2. Is this the only 14 day notice they have received in the last 12 months?
last Month Dec 2017 , the tenant received the first 14 days notice since he moved in
this month , so far, still not pay rent for Jan 2018 yet
3. How was the notice served?
by a constable.
4. What day was the rent originally due?
the first day of each month
5. Which day did they pay the past due rent?
He paid rent Dec 20 , 2017 after he got the notice
6. Did they pay the past due rent in full including any late fees?
in full without last fee
7. What if anything does your rental agreement say about how monies received are applied.
only charge late fee after one month not pay( I intend not to charge late fee to avoid any mistake)
8. Did you give them a receipt stating that this money was being accepted for use & occupancy only?
Nope, I asked all the tenants to pay by mail a check or
transfer from their bank to my bank to keep records for both of us.
last month , he paid rent by his personal check.
Presuming the tenant paid the past due rent in full on December 29, 2017 or early, you would have to issue a new 14 day notice & start the whole process over.
I sent another 14 days notice yesterday for this month rent Jan 2018
If they paid only the rent amount on or after the December 30, 2017 and you have a late fee in your rental agreement, have a how monies applied clause in your rental agreement and issued the correct receipt, you could have them served with a summons to appear in either district court or housing court.
Judging by this question & your actual wording, I think you would be wise to get some guidance from a lawyer to insure you don't mishandle this non payment issue. --72.93.xxx.xxx
More question from me.
since I sent a 14 notice to him for this month rent. it is the second time I sent him 14 days notice within 12 month,
if the tenant pays the rent later for this Month,
can I still fill summon to take action against him?
My point is that since this is tenant at will contract,
He only has one time cure for the late rent in Mass