Notice to Cure or Quit — Material Breach of Lease/Tenancy (Massachusetts)

NOTICE TO CURE OR QUIT — MATERIAL BREACH OF LEASE/TENANCY — COMMONWEALTH OF MASSACHUSETTS

(Predicate Notice Pursuant to M.G.L. c. 186, §§ 11, 12, and M.G.L. c. 239, § 1)

TABLE OF CONTENTS

1. Parties and Premises
2. Statement of Tenancy and Lease
3. Description of Breach
4. Cure Demand and Cure Period
5. Termination if Not Cured
6. Reservation of Rights
7. Tenant Resources
8. Signature Block and Date
9. Proof / Return of Service
10. Massachusetts Practice Notes
11. Sources and References

1. PARTIES AND PREMISES

TO: [TENANT FULL LEGAL NAME], and all other persons in possession or claiming possession,
TENANT(S) / LESSEE(S)

Premises: [STREET ADDRESS, APT/UNIT NO.], [CITY/TOWN], [COUNTY] County, Massachusetts [ZIP] (the "Premises").

FROM: [LANDLORD FULL LEGAL NAME], by and through [its/her/his] agent if applicable,
[AGENT NAME, IF ANY], LANDLORD / LESSOR

Landlord address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Date of this Notice: [__/__/____]

2. STATEMENT OF TENANCY AND LEASE

The Premises are held under one of the following (check applicable):

☐ Written Lease dated [__/__/____], between [LANDLORD] and [TENANT], for a term beginning [__/__/____] and ending [__/__/____], at a monthly rent of $[__________] (the "Lease"). A copy of the Lease is on file with the Landlord and was previously delivered to the Tenant.

☐ Tenancy at Will (oral or month-to-month written tenancy), at a monthly rent of $[__________], rent payable on the [____] day of each month.

☐ Other tenancy (specify): [________________________________]

3. DESCRIPTION OF BREACH

PLEASE TAKE NOTICE that the Tenant is in material breach of the [Lease / tenancy at will] in the following respect(s) (check all that apply and provide specific facts):

☐ Unauthorized occupants in violation of [Lease § ___]:
    Specifics: [________________________________]

☐ Unauthorized pet(s) in violation of [Lease § ___]:
    Specifics: [________________________________]

☐ Nuisance / disturbance of other tenants or neighbors:
    Specifics (dates, witnesses, complaints filed): [________________________________]

☐ Unauthorized assignment, sublet, or short-term rental in violation of [Lease § ___]:
    Specifics: [________________________________]

☐ Damage to the Premises beyond ordinary wear and tear:
    Specifics (description, date observed, repair estimate): [________________________________]

☐ Failure to maintain the Premises in clean, sanitary condition as required by [Lease § ___] and 105 C.M.R. 410.000:
    Specifics: [________________________________]

☐ Use of the Premises for unlawful purposes (NOTE: criminal activity may be a non-curable breach):
    Specifics (police report no., date): [________________________________]

☐ Failure to allow lawful entry / access in violation of [Lease § ___]:
    Specifics (dates, advance notice given): [________________________________]

☐ Commercial use of residential premises in violation of [Lease § ___]:
    Specifics: [________________________________]

☐ Other material breach (specify lease section, statute, or rule violated):
    Specifics: [________________________________]

Date(s) breach observed/occurred: [__/__/____ to __/__/____]

Lease section(s) breached (cite by number): [________________________________]

4. CURE DEMAND AND CURE PERIOD

PLEASE TAKE FURTHER NOTICE that, pursuant to [Lease § ___ and] M.G.L. c. 186, the Landlord hereby demands that the Tenant CURE the breach(es) described in Section 3 within [__] days after service of this Notice ("Cure Period").

To cure the breach(es), the Tenant must take the following specific corrective action(s):

☐ Remove the unauthorized occupant(s) named: [________________________________]
☐ Remove the unauthorized pet(s): [________________________________]
☐ Permanently cease the nuisance conduct described in Section 3
☐ Terminate the unauthorized sublet/assignment and provide written confirmation
☐ Repair the damage described in Section 3 to the Landlord's reasonable satisfaction
☐ Restore the Premises to clean, sanitary condition consistent with 105 C.M.R. 410.000
☐ Cease all unlawful activity on the Premises
☐ Permit lawful entry by the Landlord upon reasonable notice
☐ Discontinue commercial use and restore residential use only
☐ Other corrective action: [________________________________]

The Tenant shall provide written confirmation of cure to the Landlord at the address in Section 1 within the Cure Period. Failure to so confirm shall be conclusive evidence of non-cure.

5. TERMINATION IF NOT CURED

If the Tenant FAILS to cure the breach(es) within the Cure Period, the [Lease / tenancy at will] is hereby terminated effective the later of:

(i) the expiration of the Cure Period; or

(ii) [for tenancies at will] the expiration of the rental-period notice required by M.G.L. c. 186, § 12 (i.e., not less than the interval between rent days or 30 days, whichever is longer), being [__/__/____].

Upon termination, the Tenant must QUIT, VACATE, AND DELIVER UP POSSESSION of the Premises to the Landlord. If the Tenant fails to quit and deliver up possession, the Landlord will commence a summary process action under M.G.L. c. 239 in the appropriate Housing Court, District Court, or Boston Municipal Court Division to recover possession, money damages for use and occupancy, and any other available remedies, including without limitation court costs and (where authorized) attorney's fees.

6. RESERVATION OF RIGHTS

Nothing in this Notice waives, releases, modifies, or limits any right or remedy of the Landlord, including without limitation:

• The right to recover possession by summary process under M.G.L. c. 239;
• The right to recover money damages for breach of contract, waste, conversion, or tort;
• The right to enforce any other lease covenant, including covenants of payment of rent;
• The right to apply any security deposit in accordance with M.G.L. c. 186, § 15B;
• The right to pursue any other available remedy at law or in equity.

Acceptance of any rent or use-and-occupancy payment after the date of this Notice shall be deemed for use and occupancy only and shall NOT be construed as a waiver of this Notice or as the creation of a new tenancy.

7. TENANT RESOURCES

You are strongly encouraged to seek legal advice immediately:

• Mass Legal Help — masslegalhelp.org
• Massachusetts Legal Assistance Corporation (MLAC) — civil legal aid referrals
• Volunteer Lawyers Project (Greater Boston) — vlpnet.org
• Community Legal Aid (Central/Western MA) — communitylegal.org
• Greater Boston Legal Services (GBLS) — gbls.org
• Lawyer Referral Service of the Massachusetts Bar Association — 617-654-0400
• Court Service Centers — at each Housing Court Division and many District Courts

You may have defenses and counterclaims, including but not limited to: breach of the implied warranty of habitability (Hemingway); violations of the State Sanitary Code (105 CMR 410.000); landlord violations of the security deposit statute (c. 186, § 15B); Chapter 93A unfair-or-deceptive-practices counterclaim (treble damages, attorney fees); retaliation under c. 186, § 18 (rebuttable presumption — applicable here because this is a non-rent termination); reasonable accommodation under fair housing law; Mass. c. 151B / federal FHA discrimination defenses; family-with-children-under-six protections under c. 111, § 199A.

8. SIGNATURE BLOCK AND DATE

Dated: [__/__/____]

By: ____________________________________________

[LANDLORD FULL LEGAL NAME] / [AGENT FULL LEGAL NAME]

Title (if agent): [________________________________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

9. PROOF / RETURN OF SERVICE

I, [SERVER FULL LEGAL NAME], hereby certify under the pains and penalties of perjury that on [__/__/____], at [______] [a.m./p.m.], I served a true copy of the foregoing NOTICE TO CURE OR QUIT upon the Tenant(s) named above, at the Premises identified in Section 1, by the following method (check one or more):

☐ In-hand delivery to the Tenant personally
☐ Leaving at the last and usual place of abode of the Tenant at the address above
☐ Certified mail, return receipt requested (Tracking No.: [________________________________])
☐ First-class mail, postage prepaid
☐ Constable / Deputy Sheriff service (Constable/Sheriff: [________________________________]; Badge/ID: [______])

Server's signature: ____________________________________________

Printed name and title: [________________________________]

Telephone: [________________________________]

Date: [__/__/____]

10. MASSACHUSETTS PRACTICE NOTES

10.1. Cure Period Tables — Common Practice

10.2. Forfeiture Clauses — Strict Construction

Massachusetts adheres to the historic equity rule disfavoring forfeitures. The landlord must strictly comply with EVERY procedural requirement in the lease's forfeiture clause (notice, demand, opportunity to cure, re-entry, certified mail, etc.). Failure to do so is grounds for dismissal of the summary process action. Strycharski v. Spillane, 320 Mass. 382 (1946); Tage II Corp. v. Ducas (U.S.) Realty Corp., 17 Mass. App. Ct. 664 (1984).

10.3. Retaliation — Section 18 Applies to Non-Rent Terminations

Unlike notices for nonpayment of rent, non-rent notices to quit ARE subject to the six-month rebuttable presumption of retaliation under M.G.L. c. 186, § 18. If the Tenant has, within the six months preceding service:

• Reported a sanitary or building code violation to a regulator;
• Withheld rent for habitability violations;
• Joined or organized a tenants' union;
• Filed any prior legal action against the landlord;
• Furnished testimony in any legal proceeding affecting the landlord;

the Notice is presumed to be retaliatory. The landlord must rebut by clear and convincing evidence of independent justification (e.g., contemporaneous, dated documentation of the breach predating the protected activity). Document everything in real time.

10.4. Implied Warranty of Habitability — Hemingway

The implied warranty of habitability under Boston Housing Authority v. Hemingway, 363 Mass. 184 (1973), applies in cure-or-quit cases as a counterclaim or defense if the underlying breach (e.g., "tenant stored garbage in unit") arises from or is excused by landlord's failure to maintain habitable conditions. Pest infestations alleged against tenants frequently arise from landlord's failure to provide pest control under 105 C.M.R. 410.550 — a Hemingway defense.

10.5. Chapter 93A and Service of Notice

If a landlord knowingly serves a notice to quit that is materially false (e.g., for breaches that did not occur, for breaches the landlord caused, in retaliation for protected activity), the act of service itself may constitute an unfair or deceptive practice under M.G.L. c. 93A and 940 C.M.R. 3.17, supporting a tenant counterclaim or independent action for treble damages and reasonable attorney's fees.

10.6. Discovery as Litigation Strategy

Once a summary process action is filed, the Tenant may serve interrogatories, document requests, and requests for admissions under USPR Rule 7 with the answer, automatically postponing trial two (2) weeks. Tenant counsel routinely uses this discovery period to develop habitability defenses, security deposit counterclaims, and 93A claims that often dwarf the underlying lease breach.

11. SOURCES AND REFERENCES

11.1. Massachusetts General Laws

• M.G.L. c. 186, § 11 — Determination of lease for breach of condition
• M.G.L. c. 186, § 11A — Cure right for nonpayment (NOT applicable to non-rent breaches)
• M.G.L. c. 186, § 12 — Tenancy at will; rental-period notice for non-rent terminations
• M.G.L. c. 186, § 13 — Tenant remedies for landlord nonperformance
• M.G.L. c. 186, § 14 — Wrongful interference with quiet enjoyment
• M.G.L. c. 186, § 15B — Security deposits
• M.G.L. c. 186, § 18 — Retaliation; six-month rebuttable presumption
• M.G.L. c. 239, § 1 — Summary process
• M.G.L. c. 239, § 8A — Counterclaims and defenses
• M.G.L. c. 93A, §§ 2, 9 — Consumer Protection Act
• M.G.L. c. 111, § 199A — Lead law

11.2. Trial Court Rules / Regulations

• Mass. Uniform Summary Process Rules, Rules 1-13
• 105 C.M.R. 410.000 — State Sanitary Code, Chapter II
• 940 C.M.R. 3.17 — Landlord 93A regulations

11.3. Key Cases

• Boston Housing Authority v. Hemingway, 363 Mass. 184 (1973)
• Strycharski v. Spillane, 320 Mass. 382 (1946) — strict construction of forfeiture
• Tage II Corp. v. Ducas (U.S.) Realty Corp., 17 Mass. App. Ct. 664 (1984)
• Berman & Sons, Inc. v. Jefferson, 379 Mass. 196 (1979) — habitability damages
• Scofield v. Berman & Sons, Inc., 393 Mass. 95 (1984) — § 18 retaliation
• Cruz Mgmt. Co. v. Wideman, 417 Mass. 771 (1994) — c. 93A and L-T

11.4. Practice Materials

• Mass.gov — Massachusetts Law About Eviction
• Mass Legal Help — Receiving Proper Notice (masslegalhelp.org)
• MCLE — Residential Landlord-Tenant Law (annual update)
• AG's Guide to Landlord and Tenant Rights (mass.gov/guides)