**14-DAY NOTICE TO QUIT FOR NONPAYMENT OF RENT
(Commonwealth of Massachusetts – Housing Court Jurisdiction)**
[// GUIDANCE: This template is geared toward a non-payment of rent scenario—the most common Massachusetts eviction ground. If the contemplated eviction is for a different cause (e.g., lease violation or at-will termination), adjust the bracketed placeholders, statutory references, and notice period accordingly (see Note A, below).]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Cure Rights
- Default & Remedies
- Dispute Resolution & Governing Law
- General Provisions
- Certificate of Service
- Execution Block
- Note A – Quick-Reference Chart of MA Notice Periods
1. DOCUMENT HEADER
A. Parties
This 14-Day Notice to Quit for Nonpayment of Rent (the “Notice”) is issued on [DATE] (the “Effective Date”) by [LANDLORD LEGAL NAME], having a mailing address of [LANDLORD ADDRESS] (“Landlord”), to [TENANT LEGAL NAME], having a mailing address at the Leased Premises identified below (“Tenant”).
B. Premises
Street Address: [PREMISES ADDRESS, UNIT #, CITY, MA ZIP] (the “Premises”).
C. Lease / Tenancy
1. Lease Date: [LEASE DATE OR “Tenancy-at-Will”]
2. Monthly Rent: $[AMOUNT] (the “Rent”).
D. Statutory Authority
This Notice is provided pursuant to Mass. Gen. Laws ch. 186, § 12 (14-day written notice for nonpayment of rent) and Tenant’s cure rights under Mass. Gen. Laws ch. 239, § 2A.
2. DEFINITIONS
For purposes of this Notice:
“Cure Amount” means the sum of (i) all unpaid Rent through the Cure Deadline, (ii) any late charges authorized by the Lease, and (iii) constable/service fees, if any, incurred in connection with delivery of this Notice.
“Cure Deadline” has the meaning set forth in Section 4.A.
“Notice Period” means fourteen (14) calendar days commencing on the day after Tenant’s receipt of this Notice, inclusive of weekends and legal holidays, unless a longer period is required by applicable law or the Lease.
3. OPERATIVE PROVISIONS
A. Amount Currently Due (as of Effective Date)
1. Base Rent Arrearage: $[AMOUNT]
2. Authorized Late Charges: $[AMOUNT]
3. Service Costs: $[AMOUNT]
4. Total: $[TOTAL AMOUNT DUE]
B. Demand for Payment or Surrender
Tenant is hereby (i) demanded to pay the Total Amount Due on or before the Cure Deadline or (ii) surrender possession of the Premises to Landlord by 11:59 p.m. on the Cure Deadline.
C. Payment Instructions
1. Payable To: [LANDLORD PAYEE NAME]
2. Payment Method/Address: [ADDRESS OR ELECTRONIC PAYMENT PORTAL DETAILS]
3. Reference: “Rent – [PREMISES ADDRESS] – [TENANT NAME]”.
4. CURE RIGHTS
A. Cure Deadline
Tenant may cure this default by tendering the full Cure Amount on or before the last day of the 14-day Notice Period (the “Cure Deadline”).
B. Statutory One-Time Per Year Right
Pursuant to Mass. Gen. Laws ch. 239, § 2A, if Tenant has not exercised a cure within the preceding twelve (12) months, Tenant may preserve the tenancy by paying the Cure Amount any time before the entry of judgment in a subsequent summary process action, together with interest and reasonable attorneys’ fees, if awarded.
C. Effect of Timely Cure
Upon Landlord’s receipt of the Cure Amount in good funds on or before the Cure Deadline (or as permitted under § 2A, above), this Notice shall be deemed void and the Lease shall continue in full force and effect as if no default occurred, without prejudice to future enforcement.
5. DEFAULT & REMEDIES
A. Failure to Cure
If Tenant fails to cure or vacate by the Cure Deadline, the tenancy shall terminate without further notice at 12:01 a.m. on the day immediately following the Cure Deadline (“Termination Date”).
B. Post-Termination Remedies
1. Summary Process: Landlord may commence a summary process action in the Massachusetts Housing Court having venue over the Premises.
2. Use & Occupancy: Landlord reserves the right to seek use-and-occupancy charges for each day Tenant remains in possession after the Termination Date.
3. Costs & Fees: Tenant shall be liable for court costs, constable fees, and reasonable attorneys’ fees if and to the extent permitted by the Lease and applicable law.
6. DISPUTE RESOLUTION & GOVERNING LAW
A. Governing Law
This Notice and any ensuing eviction proceeding shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts.
B. Forum Selection
Venue shall lie exclusively in the [NAME OF APPLICABLE HOUSING COURT DIVISION] of the Massachusetts Housing Court Department.
[// GUIDANCE: Arbitration is neither available nor advisable for residential eviction matters in MA; jury trial rights are preserved constitutionally unless tenant executes a knowing waiver in a written lease.]
7. GENERAL PROVISIONS
A. Non-Waiver
Acceptance of partial payment, if any, shall not constitute a waiver of Landlord’s right to insist on full payment, to proceed with eviction, or to enforce future lease provisions.
B. Reservation of Rights
Landlord reserves all rights and remedies at law or in equity and nothing in this Notice shall be construed as an election of remedies that limits Landlord’s future options.
C. Integration
This Notice constitutes the entire statutory notice required for the nonpayment default described herein and supersedes any prior oral or written communications relating thereto.
8. CERTIFICATE OF SERVICE
I, the undersigned, certify under penalty of perjury that on [DATE OF SERVICE] I served a true and complete copy of this 14-Day Notice to Quit for Nonpayment of Rent upon [TENANT NAME] by:
☐ Hand-delivering to Tenant in person at the Premises; or
☐ Leaving the Notice at Tenant’s last and usual place of abode (the Premises); or
☐ First-class and certified mail, return receipt requested, postage prepaid, addressed to Tenant at the Premises; or
☐ Constable/Sheriff service (copy of return of service attached).
Signature: _______
Name: [SERVER NAME]
Title: ☐ Landlord ☐ Agent ☐ Constable/Sheriff
Address: [SERVER ADDRESS]
Telephone: [SERVER PHONE]
9. EXECUTION BLOCK
LANDLORD:
Signature
Printed Name: [PRINT LANDLORD NAME & TITLE]
Date: [DATE]
10. NOTE A – QUICK-REFERENCE CHART OF MASSACHUSETTS STATUTORY NOTICE PERIODS
- Nonpayment of Rent (Ch. 186, § 12): 14 days; curable.
- Tenancy-at-Will Termination (Ch. 186, § 12): 30 days or full rental period, whichever is longer; not curable (unless parties agree).
- Lease Violation/Substantial Nuisance: Customarily 7 or 30 days, depending on lease language; consult counsel.
[// GUIDANCE: If using this template for causes other than nonpayment, replace Section 2 “Statutory Authority,” adjust “Notice Period,” and revise Sections 3-5 accordingly. Always confirm any federally subsidized tenancy requirements (e.g., 30-day notice for nonpayment under CARES Act-covered properties).]
END OF DOCUMENT