Fourteen (14) Day Notice to Quit for Nonpayment of Rent (Massachusetts)

FOURTEEN (14) DAY NOTICE TO QUIT FOR NONPAYMENT OF RENT — COMMONWEALTH OF MASSACHUSETTS

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

TABLE OF CONTENTS

1. Parties and Premises
2. Statutory Basis and Demand
3. Itemization of Rent Due
4. Method of Payment
5. Tenant's Statutory Cure Right (Required Notification)
6. Reservation of Rights
7. Tenant Resources and Court Information
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 for payment and notices: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

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

2. STATUTORY BASIS AND DEMAND

PLEASE TAKE NOTICE that you are in default of your rent obligation for the Premises in the total sum stated in Section 3 below.

Pursuant to M.G.L. c. 186, § [11A / 12] and M.G.L. c. 239, § 1, written notice is hereby given that, within fourteen (14) days after service of this Notice upon you, you must either:

☐ (a) Pay to the Landlord the total rent now due as itemized in Section 3 below; OR

☐ (b) Quit, vacate, surrender, and deliver up possession of the Premises to the Landlord.

If you fail to do either within the fourteen (14) day period, your tenancy is hereby terminated as of the expiration of that period, and the Landlord will commence a summary process action against you under M.G.L. c. 239 in the appropriate Housing Court, District Court, or Boston Municipal Court Division to recover possession of the Premises and a money judgment for all rent and use-and-occupancy due, together with court costs and any attorney's fees authorized by lease or by law.

3. ITEMIZATION OF RENT DUE

The tenancy of the Premises is held under [a written lease dated [__/__/____] / a tenancy at will / an oral rental agreement] providing for monthly rent of $[__________], due on the [____] day of each month.

The following rent installments are unpaid as of the date of this Notice:

TOTAL RENT DUE AND DEMANDED: $[__________]

4. METHOD OF PAYMENT

Payment must be tendered in full, at the Landlord's address stated in Section 1, by any of the following methods:

☐ Personal check made payable to: [________________________________]
☐ Certified or bank check
☐ Money order
☐ Electronic transfer to: [________________________________]
☐ Other (specify): [________________________________]

Acceptance of payment. If the Landlord accepts a payment AFTER the date of this Notice, such acceptance shall be deemed without prejudice and "for use and occupancy only," and shall not constitute a waiver of the Landlord's right to terminate this tenancy or to pursue summary process unless the FULL amount due is tendered within the applicable cure period.

5. TENANT'S STATUTORY CURE RIGHT (REQUIRED NOTIFICATION)

5(A). For Written-Lease Tenancies (M.G.L. c. 186, § 11A — Answer-Date Cure)

If you hold the Premises under a written lease and this Notice is given pursuant to M.G.L. c. 186, § 11A, you have the statutory right to CURE the rent default and PREVENT termination of your lease and forfeiture of possession by paying or tendering to the Landlord, or to the Landlord's attorney, on or before the day your answer is due in any summary process action filed by the Landlord:

• All rent then due, plus
• Interest on the rent due (typically at the statutory judgment rate), plus
• Court costs of the action.

Your right to cure under § 11A applies only when the Landlord has terminated by the statutory 14-day notice. If the lease itself provides a different (faster or longer) procedure for default, the lease procedure controls and the § 11A cure right may not apply.

5(B). For Tenancies at Will (M.G.L. c. 186, § 12 — Mandatory 10-Day Cure-Rights Notification)

THIS NOTIFICATION IS REQUIRED BY M.G.L. c. 186, § 12 AND MUST BE INCLUDED IN EVERY § 12 NOTICE TO QUIT FOR NONPAYMENT OF RENT.

NOTICE TO TENANT — YOUR RIGHT TO CURE: If you have NOT received a similar notice to quit from the Landlord within the twelve (12) months immediately preceding your receipt of this Notice, your tenancy will NOT be terminated if, within ten (10) days after your receipt of this Notice, you pay or tender to the Landlord the full amount of rent due. This cure right is provided to you by Massachusetts General Laws, Chapter 186, Section 12.

If you have received a similar notice within the prior 12 months, this 10-day cure right under § 12 is not available; however, you may still avoid eviction by tendering full payment within the 14-day notice period or by other means available at law.

6. RESERVATION OF RIGHTS

Nothing in this Notice waives, releases, modifies, or limits any right or remedy of the Landlord under the lease, the tenancy at will, or applicable Massachusetts law, including without limitation:

• The right to recover possession of the Premises by summary process under M.G.L. c. 239;
• The right to recover unpaid rent, use and occupancy, late charges authorized by the rental agreement, court costs, and (where authorized) attorney's fees;
• The right to enforce any other lease covenant;
• The right to apply any security deposit in accordance with M.G.L. c. 186, § 15B; and
• The right to pursue any other available remedy at law or in equity.

7. TENANT RESOURCES AND COURT INFORMATION

You are strongly encouraged to seek legal advice immediately. The following resources may be available to you:

• Mass Legal Help — masslegalhelp.org — eviction information and self-help materials
• Massachusetts Legal Assistance Corporation (MLAC) — civil legal aid referrals
• Volunteer Lawyers Project (Greater Boston) — vlpnet.org
• Community Legal Aid (Central/Western Massachusetts) — communitylegal.org
• Greater Boston Legal Services (GBLS) — gbls.org
• Lawyer Referral Service of the Massachusetts Bar Association — 617-654-0400
• Residential Assistance for Families in Transition (RAFT) — emergency rental assistance
• HomeBase, ERAP / HCEC / MassHousing — state and federal rental assistance
• Court Service Centers — at each Housing Court and many District Courts (free help with forms)

You may have defenses and counterclaims, including but not limited to: breach of the implied warranty of habitability (Boston Housing Authority v. Hemingway, 363 Mass. 184 (1973)); violations of the State Sanitary Code (105 CMR 410.000); landlord violations of the security deposit statute (M.G.L. c. 186, § 15B); unfair or deceptive practices under M.G.L. c. 93A (treble damages, attorney fees); retaliation under M.G.L. c. 186, § 18; and federal Fair Housing or Massachusetts c. 151B claims. You should not lose these rights by failing to assert them in your answer in any summary process action.

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 FOURTEEN (14) DAY NOTICE TO QUIT FOR NONPAYMENT OF RENT 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. Section 11A vs. Section 12 — Choosing the Right Statute

10.2. Court of Filing

Massachusetts summary process actions for residential evictions may be filed in:

• Housing Court (preferred for tenant defendants — wider remedies, dedicated housing specialists, free clerks' assistance, Tenancy Preservation Program). The Housing Court has six divisions covering the entire Commonwealth: Eastern (Boston/Suffolk), Central (Worcester), Western (Hampden/Hampshire/Franklin/Berkshire), Northeast (Essex + parts of Middlesex), Southeast (Bristol/Plymouth/Nantucket/Dukes/Norfolk), and Metro South (parts of Norfolk/Plymouth/Middlesex). M.G.L. c. 185C.
• District Court with jurisdiction over the city/town where the Premises are located (M.G.L. c. 218);
• Boston Municipal Court (if Premises in Boston Housing Court catchment but tenant elects BMC under c. 218, § 19A — limited).

A tenant served with a summary process action filed in District Court may transfer the case to the Housing Court for the relevant division as of right (M.G.L. c. 185C, § 20). The Housing Court is widely viewed as more tenant-protective and offers free counsel through eviction-defense pilot programs.

10.3. Summary Process Timeline (USPR)

This tight timeline — a "rocket docket" — is the principal hallmark of Massachusetts summary process. Discovery under USPR Rule 7 (interrogatories, document requests, admissions) served with the answer automatically postpones trial by two (2) weeks.

10.4. Habitability and the Hemingway Defense

Under Boston Housing Authority v. Hemingway, 363 Mass. 184 (1973), every residential tenancy in Massachusetts includes a non-waivable implied warranty of habitability. The tenant's obligation to pay rent is dependent on the landlord's compliance with that warranty. Material violations of the State Sanitary Code (105 CMR 410.000) — heat below 68°F, no hot water, infestation, lead paint, leaks, mold — entitle the tenant to rent abatement and may be raised as an offset and counterclaim in any nonpayment summary process action. Landlords with notice of habitability defects who proceed with eviction face significant exposure on tenant counterclaims.

10.5. Chapter 93A — A Powerful Tenant Weapon

A landlord's failure to comply with the State Sanitary Code, the security deposit statute (c. 186, § 15B), the lead law (c. 111, § 199A), or other consumer-protection-related laws may constitute an unfair or deceptive act or practice under M.G.L. c. 93A, supporting a tenant counterclaim for double or treble damages plus reasonable attorney's fees, even when raised for the first time in the eviction answer (no demand letter required where 93A is asserted as a counterclaim). 940 C.M.R. 3.17 codifies many landlord 93A duties.

10.6. Retaliation — Section 18

Although M.G.L. c. 186, § 18's six-month rebuttable presumption of retaliation does NOT apply to bona fide nonpayment-of-rent termination, the tenant may still raise retaliation as an affirmative defense if the underlying nonpayment is itself a pretextual response to protected activity (e.g., where the landlord raised rent in retaliation for a code-enforcement complaint and the "nonpayment" is the tenant's refusal to pay the retaliatory increase).

11. SOURCES AND REFERENCES

11.1. Massachusetts General Laws

• M.G.L. c. 186, § 11 — Determination of lease for nonpayment of rent
• M.G.L. c. 186, § 11A — Termination of lease for nonpayment of rent (written lease; 14-day notice; answer-date cure)
• M.G.L. c. 186, § 12 — Determination of estate at will (tenants at will; 14-day nonpayment notice; 10-day cure; rental-period notice for other terminations)
• M.G.L. c. 186, § 13 — Action by tenant against landlord for failure to make repairs
• M.G.L. c. 186, § 14 — Wrongful acts of landlord; recovery of damages and attorney fees
• M.G.L. c. 186, § 15B — Security deposits; last month's rent; treble damages
• M.G.L. c. 186, § 18 — Reprisal / retaliation; six-month rebuttable presumption
• M.G.L. c. 239, § 1 — Summary process for possession
• M.G.L. c. 239, § 2 — Summons and complaint; service
• M.G.L. c. 239, § 8A — Counterclaims and defenses based on conditions
• M.G.L. c. 239, § 9 — Discretionary stays of execution
• M.G.L. c. 93A, §§ 2, 9 — Consumer Protection Act
• M.G.L. c. 111, § 199A — Lead paint disclosure and non-discrimination

11.2. Trial Court Rules

• Mass. Uniform Summary Process Rules (USPR) Rules 1 through 13
• 105 C.M.R. 410.000 — Minimum Standards of Fitness for Human Habitation (State Sanitary Code, Chapter II)
• 940 C.M.R. 3.17 — Landlord 93A regulations
• Housing Court Standing Orders (each division)

11.3. Key Cases

• Boston Housing Authority v. Hemingway, 363 Mass. 184, 293 N.E.2d 831 (1973) — implied warranty of habitability
• Berman & Sons, Inc. v. Jefferson, 379 Mass. 196 (1979) — measure of damages for habitability breach
• Scofield v. Berman & Sons, Inc., 393 Mass. 95 (1984) — retaliation under § 18
• Cruz Mgmt. Co. v. Wideman, 417 Mass. 771 (1994) — chapter 93A and landlord-tenant
• Morse v. Ortiz-Vazquez, 99 Mass. App. Ct. 474 (2021) — preserving defenses despite untimely answer

11.4. Practice Materials

• Mass.gov — Massachusetts Law About Eviction (mass.gov/info-details/massachusetts-law-about-eviction)
• Mass.gov — Court Forms for Eviction (mass.gov/lists/court-forms-for-eviction)
• Mass Legal Help — Receiving Proper Notice (masslegalhelp.org)
• Massachusetts Bar Association — Section Review: Mastering the Notice to Quit (massbar.org)
• Attorney General's Guide to Landlord and Tenant Rights (mass.gov/guides)
• Massachusetts Continuing Legal Education (MCLE) — Residential Landlord-Tenant Law