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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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Section 16

Mass. Gen. Laws ch. 239 § 16 Massachusetts state

''No-fault eviction'', an eviction action in which the notice to quit, notice of termination or complaint does not include an allegation of nonpayment of rent or violation of any material term of the tenancy by the tenant or occupant...

Section 31

Mass. Gen. Laws ch. 186 § 31 Massachusetts state

''THIS NOTICE TO QUIT IS NOT AN EVICTION. YOU DO NOT NEED TO IMMEDIATELY LEAVE YOUR UNIT. YOU ARE ENTITLED TO A LEGAL PROCEEDING IN WHICH YOU CAN DEFEND AGAINST THE EVICTION. ONLY A COURT ORDER CAN FORCE YOU TO...

Mass. Gen. Laws ch. 239 § 16

Mass. Gen. Laws ch. 239 § 16 Massachusetts state

Mass. Gen. Laws ch. 239 § 16 — Eviction; petition to seal record; petition to access sealed record; consumer reporting agency; housing or credit screening applications; notice of satisfaction

Section 17A

Mass. Gen. Laws ch. 186 § 17A Massachusetts state

(3) Upon receipt of notice from the provider, the department shall immediately assign an impartial hearing officer to conduct a hearing on the propriety of the proposed eviction. The hearing officer shall select a hearing location convenient to the provider...

Section 17A

Mass. Gen. Laws ch. 186 § 17A Massachusetts state

(4) The provider shall have the burden of proving, by a preponderance of evidence, the propriety of the proposed eviction, but all such evidence shall be within the scope of the reasons for eviction set forth in the notice required...

Section 17A

Mass. Gen. Laws ch. 186 § 17A Massachusetts state

(2) Any such provider who seeks the eviction of an occupant shall provide to the occupant and to the department written notice of the grounds of the proposed eviction, including reasons, relevant facts and the sources of those facts. The...

Section 16

Mass. Gen. Laws ch. 239 § 16 Massachusetts state

(j) An application used to screen applicants for housing or credit that seeks information concerning prior eviction actions of the applicant shall include the following statement: ''An applicant for housing or credit with a sealed record on file with the...

Section 16

Mass. Gen. Laws ch. 239 § 16 Massachusetts state

...Notice shall be given to parties to the original action. The court shall comply with the petitioner's request to seal the court record pursuant to this subsection; provided, however, that the record only pertains to a no-fault eviction...

Section 16

Mass. Gen. Laws ch. 239 § 16 Massachusetts state

(d) A person having a court record of a fault eviction on file in a court may, on a form furnished by the trial court and signed under the penalties of perjury, petition the court to seal the court record...

Section 31

Mass. Gen. Laws ch. 186 § 31 Massachusetts state

Section 31. (a) A notice to quit for nonpayment of rent given in writing by a landlord to a residential tenant pursuant to this chapter shall be accompanied by a form that shall include, but not be limited to: (i...

Section 16

Mass. Gen. Laws ch. 239 § 16 Massachusetts state

(e1/2) A person having a court record of an eviction action that resulted in a dismissal or final judgment in favor of the defendant may petition the court to seal the court record at any time after the conclusion...

Section 16

Mass. Gen. Laws ch. 239 § 16 Massachusetts state

...agreement in an eviction action solely for nonpayment of rent shall, not more than 14 days after satisfaction of the judgment or agreement, file with the court in which the judgment or agreement was entered a notice of satisfaction of...

Section 16

Mass. Gen. Laws ch. 239 § 16 Massachusetts state

(c) A person having a court record in an eviction action for nonpayment rent on file in a court may, on a form furnished by the trial court and signed under the penalties of perjury, petition the court to seal...

Section 16

Mass. Gen. Laws ch. 239 § 16 Massachusetts state

...The court shall schedule a hearing to determine whether: (i) the action to which the record relates concluded, including exhaustion of all rights of appeal, not less than 7 years before the request and no eviction action for fault, or...

§ 1437f

Scott Realty Group Trust v. Charland (2020) Massachusetts state

"(3) Eviction notice means a notice to vacate, or a complaint or other initial pleading used to begin an eviction action under State or local law." 9

§ 1437f

Scott Realty Group Trust v. Charland (2020) Massachusetts state

"(1) At or before the beginning of a court action to evict the tenant, the owner must give the tenant a notice that specifies the grounds for termination of tenancy. The notice may be included in or combined with any...

Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (2019)

Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (2019) Massachusetts state

...Where a landlord seeks to evict the defendant for reasons other than those provided in the notice to quit, the landlord must "recommence the summary process procedure and issue a new notice to quit" explaining the new grounds for eviction...

§ 1437f

Scott Realty Group Trust v. Charland (2020) Massachusetts state

"(2) The owner must give the PHA a copy of any owner eviction notice at the same time the owner notifies the tenant.

Federal National Mortgage Ass'n v. Nunez, 460 Mass. 511 (2011)

Federal National Mortgage Ass'n v. Nunez, 460 Mass. 511 (2011) Massachusetts state

Fannie Mae contends that, if the act is interpreted to apply to Nunez’s tenancy, it could never evict Nunez, even if it had just cause, because it must provide tenants with the notice required in G. L. c. 186A...

Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (2019)

Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (2019) Massachusetts state

...Prior to eviction, a landlord must serve the tenant with a "notice to quit" to inform the tenant that the landlord will be seeking eviction after a specified period of time. See Cambridge St. Realty, LLC v. Stewart, 481 Mass...