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.

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This is the most used notice. It requires the tenant to pay the rent due within 14 days or face eviction. Understand if the tenant pays the rent due within the 14 days the notice is void. This notice should be served by a Constable, if you serve another 14 day notice within a 12 month period the notice is not void after payment and you may proceed with eviction even if the rent is paid in full before the 14 days are up. (This form can be downloaded from my website “theconstablesnetwork.com).

2: THE 30 DAY NOTICE TO QUIT FOR CAUSE
This notice is used to evict a tenant for reasons other than rent. It could be for reasons like excessive noise, additional occupants, problems with other tenants, parking etc. This must be served by the end of the present month and is effective on the first day of the month after next (if served on 08/31/2011 it is effective for 10/01/2011). This form may also be downloaded from “theconstablesnetwork.com”.

3: THE 30 DAY NOTICE TO QUIT WITHOUT CAUSE
This is the notice to use when you have no other reason than you want the unit. It could be you want to live there yourself or for another relative or friend. Basically you don’t need a reason with this notice. Download this also from “theconstablesnetwork.com”.

4: PROPER SERVICE IS IMPORTANT
All of the above notices should be served by a Constable appointed in the town where the dwelling is located. If you have to go to the next step it is important to have corroboration that the service was made by a disinterested party and if you then have a Summary Process Summons served having the Constable involved from the beginning reinforces the seriousness of the action.

5: FEES ARE USUALLY RECOVERABLE

If you inserted the wording in your rental agreement/lease regarding the cost of these services, refer to my previous blog (5 Tips for Property Managers and Landlords) you should have no problem justifying the charges.

6: DON’T DELAY – SERVE IT AS SOON AS THE TENANT IS LATE

The most important thing is to let the tenant know the seriousness of the situation. Use a proper form. After you download the above forms for no charge on my website “theconstablesnetwork.com”, have it served by a Constable. After you serve the Summary Process Summons you will need to bring both the Summons with the return of service attached and the original notice to quit with the return attached to the court by the “Entry Date” listed on the top of the Summary Process Summons.
If you have any question please feel free to contact me through my website “theconstablesnetwork.com” or call my office at 781-837-0500. I will be happy to answer any questions.

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 When creating a Lease/Rental Document use these basic ideas:

 1:  Property Managers and Landlords should put in a paragraph that states the tenant will be charged whenever a Notice to Quit is served on them and that it will be due the month following the notice.  Make the charge reasonable.  Cover the cost of having it served and also your time.

 2:  Property Managers and Landlords should require the renter’s full name, date of birth and license and social security number.  (Verify these by seeing the actual driver’s license).

 3:  Videotape the apartment while it is empty and before you sign a lease.  Inspect the apartment with the prospect and show them the video.  I would be a good idea to have them sign verifying the video and inspection.

 4:  If you have any basic rules as to noise, additional occupants, parking and storage of anything outside the basic unit, give them a copy and have them initial on for the record.

 5:  If you collect a security deposit and or last months rent remember it must be put into an interest bearing escarp account. 

 Covering these basic principles can save you a lot of anxiety at a later date and will avoid any misunderstandings.

Many of the forms you will need are available on my website for free.  Visit our free legal forms section. 

If you have any questions you may be wise to have an Attorney read and possibly help create these documents.

 Please feel free to call my office anytime with any questions. #781-837-0500.

 This is a work in progress so check back periodically.