![]() ![]() Again, you do not have to move out by the date on the notice to quit. ![]() If your landlord decides to take you to court, only a judge can decide whether you or your landlord should have possession of your apartment. 17Ī notice to quit does not determine who is allowed to have legal possession of your apartment. 16 Furthermore, the notice to quit must have your correct address on it and should name all tenants (anyone who signed the lease or all adults in a tenancy at will situation). ![]() Save the notice to make sure that if your landlord does bring you to court, she states the same reason for the eviction on the court notice, which is called a summons and complaint. The notice should tell you if the landlord is terminating your tenancy for reasons related to non-payment, some other lease violation or violation of the law, or for no reason at all (no fault). If you do not move out, the landlord can begin an eviction action against you in court. The purpose of a notice to quit is to give you warning of the landlord's desire to terminate your tenancy, which is only the first step in the eviction process. This can be a very intimidating document, but you do not have to move out by the date listed on the notice. 15 Do not ignore a notice to quit.Ī notice to quit says that you must "deliver up" or "vacate" your apartment by a certain date. To do this, a landlord must give you a written notice called a notice to quit. It provides an opportunity for foreclosed homeowners but a headache and delayed turnover time for lenders.Before a landlord can evict you, she must properly notify you that she is ending or terminating your tenancy. This would allow them to remain in a legally foreclosed property for more time. Others could use this case to argue that they should also receive a 90-day notice to quit after foreclosure. This case doesn’t change current MA foreclosure laws, but it does open the door for other homeowners to delay eviction proceedings. Are MA Homeowners Entitled to a 90-day Notice to Quit After Foreclosure? The judge’s ruling has the potential to set a new precedent in Massachusetts foreclosure procedures. Pestilli had contested the validity of the foreclosure, but the foreclosure was determined to have legally been conducted. The judge independently made that ruling. This case was interesting because Pestilli’s attorney had not brought up or argued that point in the case. The lender in the case had provided a 30 day notice to quit, even though they had no legal requirement to do so. Pestilli, the judge ruled that Pestilli, and occupant of a foreclosed property, was entitled to a 90-day notice to quit after foreclosure. In a recent court case, Lenders Commercial Finance LLC vs. This notice is known as a “notice to quit.” Tenants at sufferance have no such right, so they can be immediately evicted. Normal tenants in Massachusetts have a right to a certain amount of notice prior to eviction. Prior to this recent court case, any homeowner who occupies a property after it has been foreclosed was treated as a “tenant at sufferance”. We thought it would be helpful to offer some background to this issue and what it means to homeowners in MA. Here’s a quick overview. The latest buzz in Massachusetts housing law is a recent court ruling MA homeowners are entitled to 90-day notice to quit after foreclosure. ![]()
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