Your landlord can go to court to try to evict you even if you think your landlord is wrong. You can be evicted even if it is winter or even if you have a disability, or if you have children or you have nowhere to go.
It is up to the court, not your landlord or Pine Tree Legal, to decide if you can be evicted. If you go to court and lose, you have the right to appeal.
If you lose and do not appeal, after seven days you will be served with a "Writ of Possession" by the Deputy Sheriff. This is the eviction order of the court. You then have 48 hours to move out. If you know for sure that you will be moving before a "Writ of Possession" will be issued see the steps above , then the legal eviction process may not affect you.
You may want to tell the landlord of your plans to save them the trouble of going to court to get an eviction order. Be sure of your plans to move before you decide to ignore the court eviction hearing. If you do not go to court the judge will generally issue a default judgment against you. It is too late to fight the eviction after a court judgment has been entered against you. The landlord does not have to agree to this. Remember that you already have 7 days after the court hearing before a "Writ of Possession" can issue.
So if you settle, you should get more than 7 days after the court date. Once you have agreed to a date, make sure you go to court and then tell the judge what your agreement is. The the landlord can ask the police to enforce the writ 48 hours later. It will be too late to change your mind after the judge has approved the agreement, so make sure you understand what you are agreeing to. If you come to an agreement before the court date then you can use this Agreed Judgment form to protect your rights, and to let the judge know about your agreement.
This is an interactive form; you can fill it out online, then print. Or print and then fill out by hand. Go here if you need help with downloading the form. Fill out the form and file it with the Court, or bring it with you to your court hearing. Write the move out date you have agreed to on the last line of this form. It is not a good idea to have just an oral agreement with the landlord and skip the court hearing. You need to be in court to protect your rights and to make sure that the written agreement is given to the judge.
You have tried to work things out with your landlord but they are going forward with the eviction case. The Summons tells you the court date and time. You want to fight the eviction and stay in your rental. Usually the notice of a court date gives you only a short time to prepare as little as 7 days. If you can find a lawyer quickly enough, provide this information to your lawyer as soon as possible:.
If you cannot find a lawyer to represent you at the eviction hearing Pine Tree Legal Assistance has written forms to help you fight your eviction. If you can't view the forms or you're having trouble with them, read our instructions on using interactive forms. If the Summons on the lower left hand side lists the name of an attorney, send copies of everything to the attorney instead of the landlord. Often landlords serve a notice to quit just to snap their tenants out.
By using a notice to quit, landlords can enforce a degree of discipline in how the property is used. You lose nothing by trying to communicate a resolution with the property owner, anyway. Alternatively, if communication has failed, look for errors made by the landlord.
These are the common mistakes landlords make when serving you notice. Be on the lookout for them. If any of these is missing or is incorrectly listed, the landlord must restart. They have to serve a new notice with a new end date. If the landlord tries to evict you within the interval of your fixed term, the must serve you a section 8 notice. Then they will directly apply to the court, seeking possession of the property.
By law, the owner must give compelling reasons for your eviction before the court. Some grounds, if backed by evidence, are irrefutable. They will imminently lead to the landlord receiving a possession order.
For example, rent arrears of upwards of two months will result in definite eviction. Others must persuade the judge, who will discretionary grant or deny the possession order. You have to supply your own evidence and statements. Even if the landlord has obtained a possession order by the court, you will have a chance to fight it. If the landlord used a discretionary reason, new evidence might surface to challenge the initial decision of the judge. If you send payment to the landlord, make sure that you have a record of the payment and request their written confirmation of receipt.
You should also file a Motion to Cancel the Eviction Order to prevent mistakes that may cause the Sheriff to evict you. In your Motion, you will want to state when and how you made payment to the landlord. When you file a Motion, you are also required to file an Order. The Order form is the document the judge signs stating that your motion is granted, and the eviction is reversed or that your motion is denied. In this case, a hearing may or may not be necessary, depending on your court.
However, the court will seek to confirm that you took the actions stated in the motion and ensure that you paid enough to void the eviction order. The tenant must also send a copy of this order to the Sheriff's office to avoid eviction. Another way a tenant can reverse an eviction order is to file a motion for dismissal. If the landlord hasn't followed the outlined steps when issuing the eviction order in court, you can file a motion to have the case dismissed before trial.
The best time to file the motion is on or before the deadline to file the answer shown on the summons. You may want to file a Motion to Dismiss:. Before you file your motion, file your Answer and send a copy to the landlord or their attorney. Once you've followed all the rules, this enables the judge to rule in your favor. However, if the judge fails to promptly issue a ruling or denies your motion to dismiss, you must still file your Answer on time and prepare to appear in court on the trial date.
Be sure to highlight reasons you believe the case should be dismissed. If you've already received a judgment order in your case, all is not lost. You can file a Motion to Vacate Judgement. TPP seeks to prevent homelessness. It works with individuals and families facing eviction because of a reason related to a physical or mental health disability. Disabilities may include developmental health issues, substance abuse, and aging related impairments. TPP is voluntary.
TPP staff work with landlords and tenants to develop a reasonable accommodation for the disability. TPP staff identify the reasons for the eviction and needed services, then develop a treatment plan to keep the tenancy going. TPP makes regular reports to all parties involved in the case including the court, the landlord, and the tenant. And TPP monitors the case for as long as is necessary.
To be eligible for TPP a household member must have a disability and the disability must relate to the lease violation. See Patti v. White , Boston Housing Court, No. Tremblay , Western Housing Court, No. Voguenel , Boston Housing Court No. Veenstra , Southeast Housing Court, No. Smith , Boston Housing Court, No.
Mastrullo v. Ryan , Mass. Webb , Mass. Canty , 60 Mass. Whitehouse Restaurant, Inc. Hoffman , Mass. Roseman v. Day , Mass. Slater v. Krinsky , 11 Mass. Furtick , 85 Mass.
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