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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Youghal, LLC v. Entwistle (2020)

Citation
Youghal, LLC v. Entwistle (2020)
Parent Document
Youghal, LLC v. Entwistle (2020)
Jurisdiction
Massachusetts (state)
Effective Date
2020-03-23

Full Text

1,151 chars
to the tenants a notice to quit the premises in fourteen days.
See G. L. c. 186, § 11. See New Bedford Housing Auth. v. Olan,
435 Mass. 364, 373 (2001) ("where a statute requires written
notice to terminate a tenancy, that notice must be sent before
an action for summary process may be commenced"). The agent
taped the notice to the door of the premises. One tenant
testified that she was not present when the notice was
delivered, and that she did not receive it until June 7, 2017.
The tenants claim that their tenancy therefore remained
unchanged through June 21, 2017, the fourteenth day after actual
receipt of the notice to quit. See Johnson v. Stewart, 11 Gray
181, 183 (1858) ("When an act is to be done within a given
number of days from the date or the day of a date of a written
instrument, the day of the date is to be excluded"). See also
King v. G & M Realty Corp., 373 Mass. 658, 663 (1977). Because
the summary process summons and complaint were served on June
21, 2017, i.e., within the fourteen-day period after "actual
receipt" of the notice, the tenants contend the summary process
complaint should have been dismissed. We agree.6