
“FOR CAUSE EVICTIONS” IN MASSACHUSETTS
As a rental property owner in Massachusetts, it’s important to understand the ins and outs of the eviction process. Evictions are the number one fear for many landlords and for that reason we are continuing with this deep dive into evictions and the eviction process in Massachusetts. In Part 1, Nexus Worcester’s Jesse Mayo provided a broad overview including the breakdown of the two major types of evictions and the different uses for each. Here, in Part 2, the focus is on “for cause evictions”.
NOTE: THE VIDEO BELOW IS PART 2 OF A NEXUS PROPERTY MANAGEMENT VIDEO DOCUSERIES. ADDITIONAL LINKS WILL BE PROVIDED BELOW.
UNDERSTANDING ‘FOR CAUSE EVICTIONS’ IN MASSACHUSETTS
Nexus Property Management® has been actively managing rental properties in Rhode Island and Massachusetts since 2013 and opened our first Mass. office in 2017. The following information is based on the experience we’ve gained over 11 years operating in the Bay State.
A “For Cause Eviction” occurs when a landlord wants to remove a tenant due to a lease violation or other misconduct. These are sometimes referred to as “fault evictions”. For cause evictions require the landlord to prove that the tenant has done something wrong, which is why it makes sense to go this avenue when it comes to non-payment of rent. This is the best tool for owners who are hoping to receive back pay. Typically, you can get into court a little quicker by going this route…but…it can also take much longer once you’re in court because you have to then prove your case. Although you “may” be able to recover some lost funds by proving tenants were at fault, the potential for a drawn out legal battle always needs to be considered.
LEARN MORE: HOW TO EVICT A TENANT IN MASSACHUSETTS, PART 1
LEGAL GROUNDS FOR A “FOR CAUSE EVICTION”
We at Nexus Property Management® are not huge fans of “for cause evictions” mainly because we want to avoid extending legal fees for our clients. But there are four main reasons landlords might want to go this route:
NONPAYMENT OF RENT:
As mentioned before, the most common reason to file a for cause eviction would be in response to a non-paying tenant. If a tenant is delinquent in paying their rent, and they still have not paid after receipt of a 14-day Notice to Quit, you can then go ahead and file for eviction.
LEASE VIOLATIONS:
If a tenant has violated language in a signed lease you might have success with a “for cause eviction”, keeping in mind your expectation for a drawn out process. With that in mind, the violation needs to be egregious and/or significantly costly. Examples include causing excessive damage to the property, significant interference in the quiet and comfort of neighboring tenants, or engaging in illegal activities on the property.
OVERSTAYING AFTER LEASE TERMINATION:
The landlord can file a “for cause eviction” case if a tenant remains in the rental unit after their lease has expired and no renewal has been agreed to.
REFUSAL TO ALLOW LANDLORD ACCESS:
State law in Massachusetts requires that landlords provide “reasonable notice” to enter tenant occupied units and that the entry be at “reasonable times”. While the specific time of 24 hours is not codified, it is the general practice and adding written language to this, where state law omits it, is highly recommended in your lease agreement. Tenants must allow landlords to enter for inspections, repairs, or showing and if a tenant repeatedly refuses to grant access this would also be reason to file a “for cause eviction”.
LEARN MORE: 3 TIPS TO MINIMIZE LOSS AND RISK DURING AN EVICTION
THE EVICTION PROCESS
While you may be fairly certain that you are in the right and the tenant is at fault, it is essential that you follow the eviction process to the tee. Any errors or omissions can set you back considerably and in a process that already takes far longer than is ideal, unforced errors can’t exist. If you’re filing on your own, without the assistance of a property manager, reach out to an eviction attorney to help guide you through. The upfront costs are worth the comfort and convenience of getting through the process without issue.
To legally evict a tenant for cause a landlord must follow this specific process:
SERVE A NOTICE TO QUIT:
Nexus recommends serving a Notice To Quit (NTQ) as soon as legally possible. The process works best when the timeline provided is followed. From time to time owners elect to wait a couple days in the hopes of getting some sort of explanation or in the hopes of avoiding the fee should the tenant turn around and pay. In short, hoping to save a couple bucks is not the best strategy when it comes to getting control and possession of your property back. Without serving the NTQ, you can’t move forward. The NTQ will specify the reason for the eviction and the deadline to resolve the issue or vacate the property.
SUMMONS AND COMPLAINT:
If the issue is not resolved or the tenant does not move out prior to the end date specified in the NTQ, you can then file a Summons and Complaint. This is the official beginning of the eviction lawsuit.
COURT HEARING:
The court will schedule a hearing where both the property owner and tenant can present their cases. If the judge rules in favor of the landlord, they will issue an execution order.
REMOVAL OF TENANT:
Most often, tenants will leave after the execution order is issued. However, if they still refuse, the landlord can enlist the sheriff’s office to physically remove the tenant and their belongings from the property.
As mentioned previously, this can take a considerable amount of time, and expenses will increase as more parties (i.e. sheriff) are brought into the process. But often that is the price to repossess your rental unit so you can then begin the process of making it profitable again.
LEARN MORE: STATE OF MASSACHUSETTS’ EVICTION WEBPAGE FOR LANDLORDS
BEST PRACTICE: DO WHAT YOU CAN TO LIMIT THE ODDS OF AN EVICTION IN THE FIRST PLACE
Many of our clients don’t ever have to deal with the eviction process. It’s impossible to fully insulate yourself from it, but there certainly are best practices you can follow to minimize the likelihood that you’ll need to partner with the legal system to remove a tenant.
First off, the best way to avoid an ugly ending to a tenancy is to do your due diligence at the beginning. Thoroughly screening tenants during the leasing process is essential. You want to make sure you’re placing reliable tenants with the ability to pay, backed by paystubs and a credit check. You want to maintain open and professional communication and to provide maintenance services promptly. Ultimately, your goal is to provide the value the tenant is paying for and to be firm and consistent when anything begins to go sideways. And of course, if you find this is easier said than done, reach out to a legal professional or a reputable property management company in your area.
LEARN MORE: NEXUS INTERVIEWS EVICTION ATTORNEY STEVE CONTI (1.4K VIEWS)
EVICTIONS IN MASSACHUSETTS - DOCUSERIES VIDEOS:
Across our Nexus Property Management® franchise offices, our “Eviction” pages are consistently the most visited (after pricing). For that reason, Jesse Mayo is sharing his experiences from his office in Worcester, Massachusetts. This article is a summary of Video #2. You can find the subsequent videos and articles by visiting the links below or by visiting our @NexusPropertyManagement Youtube Channel.
- Massachusetts’ Evictions - Part 1: An Overview (video)
- Massachusetts’ Evictions - Part 1: Article
- Massachusetts’ Evictions - Part 2: For Cause Evictions
- Massachusetts’ Evictions - Part 3: For Cause Example
Mick Lefort is the General Manager of Nexus' New Haven County Franchise Office and the Vice President of Operations for Nexus Property Management®, a National Property Management Franchise that manages all types of rental property from single family homes or condos to large apartment buildings and complexes.
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