Purpose: This policy establishes clear and lawful procedures for evicting tenants from residential apartment rentals managed by The Lucas Organization, LLC. It ensures compliance with Massachusetts state law and seeks to balance the tenants’ due process rights with the property management’s obligations to maintain safe and habitable properties.
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1. Grounds for Eviction
1.1 Nonpayment of Rent
- Failure to pay rent in full and on time as stipulated in the lease agreement.
1.2 Violation of Lease Terms
- Material breaches of lease provisions, such as, unauthorized occupants, unauthorized pets, or use of the unit for illegal activities, damage to property, etc.
1.3 End of Lease or Tenant Holdover
- Refusal to vacate the unit after the lease term has ended without proper renewal.
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2. Notice Requirements
2.1 Nonpayment of Rent
- A 14-day "Notice to Quit for Nonpayment of Rent" must be issued to the tenant. The notice should:
- Specify the amount owed.
- Inform the tenant of their right to "cure" the default by paying the overdue rent within 10 days to avoid eviction.
2.2 Other Lease Violations / End of Lease or Holdover Tenants
- A 30-day "Notice to Quit" must be provided for lease violations or holdover tenants. The notice should:
- Detail the specific violation or reason for termination. No cause is needed for end of lease or holdover tenants.
- Provide the tenant an opportunity to remedy the issue, if applicable.
2.3 Delivery of Notice
- Notices must be delivered in writing via hand delivery or certified mail to the tenant’s address.
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3. Filing for Eviction
3.1 Summary Process Complaint
- If the tenant does not resolve the issue within the notice period, the property management may file a "Summary Process Complaint" with the appropriate Massachusetts Housing Court or District Court.
3.2 Court Procedure
- A hearing date will be scheduled, and the tenant will be served with the complaint and a summons to appear in court.
3.3 Mediation Option
- Property management is encouraged to participate in court-sponsored mediation programs to resolve disputes amicably before a formal trial.
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4. Tenant Rights During Eviction
4.1 Right to Cure
- For nonpayment of rent, tenants have a right to pay the overdue amount (including any applicable late fees) within 10 days of receiving a Notice to Quit to avoid eviction.
4.2 Right to Legal Representation
- Tenants have the right to seek legal counsel and may qualify for assistance from organizations such as Massachusetts Legal Aid.
4.3 Protections for Domestic Violence Victims
- Tenants who are victims of domestic violence are entitled to certain protections under Massachusetts law, including potential relief from eviction if the circumstances are related to the abuse.
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5. Enforcement of Eviction
5.1 Court Order Required
- No tenant may be forcibly removed from a rental unit without a court order (Execution for Possession) issued by the Housing or District Court.
5.2 Role of the Sheriff or Constable
- The removal of a tenant and their belongings must be conducted by a sheriff or constable authorized by the court. Property management personnel may not physically remove tenants.
5.3 Handling Tenant Belongings
- Any belongings left behind after eviction must be handled in accordance with the Massachusetts law on abandoned property (Chapter 186, Section 15F). This includes providing proper notice and storage for the items for at least 30 days.
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6. Avoiding Unlawful Practices
6.1 Prohibited Actions
- Property management will not engage in unlawful eviction practices, including:
- Changing locks without notice or a court order.
- Shutting off utilities to force a tenant to vacate.
- Harassment or threats aimed at compelling a tenant to leave.
6.2 Penalties for Unlawful Eviction
- Violating Massachusetts eviction laws can result in significant penalties, including fines and damages payable to the tenant.
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7. Recordkeeping
7.1 Documentation
- Property management must maintain detailed records of all eviction proceedings, including:
- Copies of notices and correspondence with the tenant.
- Court filings and outcomes.
- Notes on any mediation or settlement agreements.
7.2 Retention Period
- Records must be retained for a minimum of three years from the conclusion of the eviction process.
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8. Legal Compliance
This policy complies with all applicable Massachusetts state laws, including Chapter 239 of the Massachusetts General Laws and federal protections under the CARES Act, where applicable.
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9. Contact Information
For questions or concerns regarding this policy, tenants may contact the property management office at:
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10. Policy Updates
This policy will be reviewed annually and updated as necessary to ensure compliance with state and federal laws and to address tenant and operational needs.
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Effective Date: 23rd day of October 2023