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Earlier this 12 months, I obtained a fantastic resolution in an eviction case I introduced on behalf of a small, owner-occupied landlord. Whereas many assets can be found on no-cause and non-payment of hire evictions, the foundations about trigger evictions are much less identified.
Right here, I’ll talk about some factors associated to this vital matter in Massachusetts landlord-tenant legislation.
What’s a Trigger Eviction?
A trigger eviction is an eviction introduced for a violation of a tenancy settlement. Practically each normal Massachusetts lease consists of guidelines and laws on the tenancy. In my eviction case, the tenant was smoking within the rental residence and refusing the owner entry: each violations of the lease.
In a trigger eviction, tenants often have restricted defenses. Whereas evictions usually enable tenants to lift defenses and claims in opposition to a landlord, such choices are restricted in trigger evictions.
A lot of these evictions usually comply with the identical process as some other courtroom case, with each events entitled to written discovery and a trial on the deserves.
What Is Required for a Trigger Eviction?
As with almost all evictions in Massachusetts, a landlord should first serve a tenant with a discover to give up. The events’ lease often states the kind of discover required, with many permitting a landlord to make use of a seven-day discover (shorter than most different eviction notices).
Whereas there isn’t a lot legislation on the necessities for a trigger discover to give up, a landlord ought to embrace adequate particulars on the allegations in opposition to the tenant. Landlords additionally must rigorously take into account the strengths (and weaknesses) of such a case. As with all authorized issues, a landlord should show their case in courtroom by following the suitable guidelines of proof and process.
Last Ideas
When you want help with such a matter, contact me for a session.
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