Dear sir/Madam:

I am a landlord in mass . I have a tenant with tenant at will lease now. Last month after I sent a 14 day’s notice , he paid last month rent . This month so far

I have not got his rent for jan 2018 . Can I directly file summon in court or I have to send another 14 day’s notice ( and then file summon )?

Thx

You have to post a new notice as the previous one was made null when that rent was paid.

Today is the 11th!

You really need a MA LL to answer. There are several on here who can give you a definitive answer.

NC allows the LL to refuse rent after notice if they decide they no longer want the tenant. We can't file until the 11th day if they haven't paid by the date of filing then accepting rent is at the LL's discretion.

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.

2. Is this the only 14 day notice they have received in the last 12 months?

3. How was the notice served?

4. What day was the rent originally due?

5. Which day did they pay the past due rent?

6. Did they pay the past due rent in full including any late fees?

7. What if anything does your rental agreement say about how monies received are applied.

8. Did you give them a receipt stating that this money was being accepted for use & occupancy only?

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.

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.

JEFF:

Our lease says rent is due on the first. It is late on the second. QBO automatically sends a reminder at midnight on the 1st. Our courts consider a reminder as notice. Unlike MA, which has a 14 day notice, we do not have to specify a time limit. We can refuse to accept the rent anytime they are late even if it is only one day late. Plus our lease waives notice so technically we don't even have to send a reminder.

thanks for all of your answers.

as I said, I am in Mass .

it is hard to reject rent since the tenant knows my bank account, he could deposit it(I ask all of my tenants pay rents to my banks )

My lease at will says that rent is due on the first of each month.

Last month after I pushed many times, he paid rent on the 20th .

this month , even I push many times, still not pay yet.

I just want to save time and save cost to let him leave asap.

if I file summon now, I could save 14 days ,

if I send another 14 days, I have to wait until the 14 days expire and then I could file summon. it will cost too long to evict him

but I know that if in mass, if you file summon and send another 14 days notice, the judge will dismiss the case with the execuse : confusion. (in mass , laws favor tenants)

thanks

rose

FYI if they are really MTM you can serve them with a 14 day & they do not have the right to cure provided they have receive another 14 day from you within the last 12 months.

I don't understand what you mean when you write " in mass, if you file summon and send another 14 days notice, the judge will dismiss the case with the execuse : confusion" There is no need to send another 14 day notice once you have had them served with a summons.

What part of MA is your rental located in? Are there any LL groups near you?

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?

Answer:

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?

Answer:

by a constable.

4. What day was the rent originally due?

Answer:

the first day of each month

5. Which day did they pay the past due rent?

Answer:

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?

Answer:

in full without last fee

7. What if anything does your rental agreement say about how monies received are applied.

Answer:

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?

Answer:

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.

Answer:

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

thanks

rose

Rose the short answer is that you need to issue a new 14 day notice & start the process again. The good news is that since they are tenants at will & have already received at least 1 14 day notice in the previous 12 months you DO NOT have to allow them to stay even if they pay all the monies owed.

I strongly suggest that you change all of your rental agreements to include a clause on how monies received are applied. If this had been one of my tenants in order to completely cure the 14 day notice they would have had to pay enough money to;

1. pay the $25.00 14 day notice generating fee (contained in their rental agreement)

2. pay the fee ($60.00 - $85.00 depending upon whether I used a constable or the sheriff's office) for serving the 14 day notice (contained in their rental agreement)

Both of the above would have to be paid in full before any monies would be applied to past due rent.

3. Pay all past due rent in full. Otherwise they would be issued a receipt (in addition to any endorsement on a check) stating that these monies are being received for Use & Occupancy Only. This receipt allows you to go forward with a court summons once the original 14 days are over.

It would be to your advantage to contact HAP, INC at 322 Main Street in Springfield, MA to obtain a copy of their latest edition of "Property Management for Massachusetts Rental Owners". It has a lot of forms & appropriate MA laws as well as references to actual MA court cases. IMO it's the easiest to understand, most thorough book on being a LL in MA.

This process is so different that what my area requires.

I keep reading where so many on this board where tenants pay directly in to the LL's bank. Doesn't this complicate matters for you in areas where you CANNOT accept the past due rent if you want to proceed with eviction?

Just curious.

Rose, if they pay by check or mo again:

1. Write on the check or money order the following:

"For use and occupancy only."

2. Copy that check or money order for your records.

3. Deposit that check or money order as usual.

4. Send the tenant a receipt noting the date, time, amount, apartment address and the wording: For use and occupancy only.

I'm not sure if this wording is required for a MTM, but it is required for a true Lease.