My Third Blog for Property Managers and Landlords

6 TIPS ABOUT SUMMARY PROCESS

If you have served the notice to quit (as explained in my previous blog “6 things you should know about Notices to Quit” and the tenant has not moved it’s time for these steps.

1:        GET A BLANK SUMMARY PROCESS SUMMONS FOR THE COURT     

You need to go to your local District or Housing Court to obtain a blank Summary Process Summons.  The difference between District Court and Housing Court is:  Housing Court Specializes in Landlord-tenant matters.

2:        FILL OUT AND SERVE THE SUMMARY PROCESS SUMMONS

After you get the summons your Constable will help you fill it out and insert the dates. In addition to the plaintiff and defendant information you will need to list the  “Court Date”, the date you appear before a Judge,  “Entry Date” the date you need to bring the summons with the return of service by the Constable attached and the original Notice to Quit with return attached to the Clerk’s office at the Court.  Lastly the “Return Date” the last day the defendant has to file an appeal.

3:        FILE THE SERVED SUMMONS WITH THE COURT TO SET THE DATE

After the Summons is served you should avoid contact with the defendant.  They may offer to move on their own at an agreed upon date.  It is important that both you and the defendant appear on the date set.  Any agreement should be confirmed by the Judge as a Court Order.  If they do not move you can go back to the court and request the execution to be issued.

4:        FOLLOW THROUGH AND FINISH THE PROCESS

It is important that you do not vary form the court order.  If you change or alter it without court approval you may have to begin the process anew if the defendant does not move. 

5:        DON’T STOP UNTIL YOU HAVE FINISHED THE PROCESS

If the tenant moves without telling you and when you check the apartment you find there are still furnishings or property left behind belonging to the tenant, do not enter the apartment.  If your court date is imminent you must appear and ask for an Execution for Possession.  It is only with that that you with a Constable can enter the apartment and take possession.

6:        OBTAIN THE EXECUTION FOR POSSESSION BEFORE YOU STOP.    

If there is any money owed to you either from rent, legal charges, or repair of damage to the property or any other expenses you have incurred get the Execution.  You can have any costs addend on and you will need this document to proceed with recovering your money. 

If you have any questions please feel free to contact me.  You can send an e-mail from my website “theconstablesnetwork.com” of call 781-837-0500.

Please feel free to share this.