Ferreira v. Charland (2023)
Summary Process, Appeal, Notice to quit. Landlord and Tenant, Termination of tenancy, State sanitary code, Eviction. Practice, Civil, Summary process, Counterclaim and cross- claim. Statute, Construction.
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Summary Process, Appeal, Notice to quit. Landlord and Tenant, Termination of tenancy, State sanitary code, Eviction. Practice, Civil, Summary process, Counterclaim and cross- claim. Statute, Construction.
...The word “eviction,” as used in the statute, is therefore not limited to the service of a notice to quit or initiation of a summary process action: it includes any act that results in the actual or constructive eviction of...
...186, § 18 (notice by landlord of termination of tenancy within six months after tenant complains of conditians in apartment creates “rebuttable presumption that such notice ... is a reprisal against the tenant”). Furthermore, when, as here, the eviction is based on...
...The retaliation, the judge found, took three forms: (1) raising Stella's rent, (2) serving an eviction notice, and (3) "arguabl[y] chang[ing] the terms of the tenancy with respect to the available parking." The second of these findings...
filed a timely notice of appeal from the judgment. On April 20, 2020, the Legislature passed an emergency act creating an eviction moratorium in response to the COVID-19 pandemic.
"a notice to vacate, or a complaint or other initial pleading used to begin an eviction action under State or local law." Thus, to prevail, Charland needed to show that neither the
Because the document's title -- "notice to quit" -- does nothing to clarify its meaning, a tenant may reasonably misunderstand the legal force of a notice to quit. A standard notice to quit states that a tenant may be evicted if...
evictions, she could not serve the tenants with a notice to quit at that time. See St. 2020, c. 65, § 3.7 On December 14, 2020, the landlord filed a no-fault summary
Keywords: Summary Process, Appeal, Notice to quit. Practice, Civil, Summary process. Housing Court. Municipal Corporations, Board of health. Landlord and Tenant, Eviction, Reprisal against tenant. Statute, Construction.
In support of its motion for summary judgment, BNY submitted only the foreclosure deed and the eviction notice. 12
In addition, “[a] foreclosing owner shall not evict a tenant for actions that constitute just cause unless the foreclosing owner has delivered to each tenant at the time of delivery of written notice pursuant to this section, a written disclosure...
COVID-19 pandemic eviction moratorium, the Housing Court clerk's office refused to docket the homeowner's timely notice of appeal. We conclude that the clerk's office should have
A foreclosing owner that has just cause to evict but has not alleged just cause in the notice to quit and the summary process action needs to recommence the summary process procedure and issue a new notice to quit asserting...
...A sheriff could then serve the tenant with forty-eight hours' notice of eviction and, if the tenant remains on the premises, physically evict the tenant two days later, on Friday, December 28. Based on this timeline, approximately nine weeks...
...A foreclosing owner *515“shall not evict a tenant” for just cause until the notice required by G. L. c. 186A, § 3, is posted and delivered, or until thirty days after the posting and delivery of the notice, depending on...
b. Notice to quit for reasons unrelated to rent payments. Where the eviction is not based on a tenant's failure to pay rent, the eviction process also varies based on the type of tenancy. In a tenancy at will...
Bailey asserts that on March 26, 2007, he discovered that a notice to evict had been affixed by duct tape to the fence surrounding his West Selden Street property. 5
...Where the eviction is based on a tenant's failure to pay rent, fourteen days' notice to quit must be provided in writing. See G. L. c. 186, § 12 (failure to pay rent owed under tenancy at will); G. L...
We disagree with Lindquist's argument that Stella's "extreme hostility" was an independent justification. The evidence does not show, much less clearly and convincingly, that this was what motivated Lindquist to serve the eviction notice.
...The tenancy does not terminate before the owner has given this notice, and the notice must be given at or before commencement of the eviction action." 20