Notices to Quit for Non-Payment of Rent

The video below serves as a practical guide for landlords, especially those in Massachusetts, on how to properly issue a notice to quit when a tenant fails to pay rent.

Notices to Quit for Non-payment of Rent

(timing, what to include, and lease renewals)

“Unpaid rent vs. ‘late payment’—it’s one of the most common legal problems landlords face every single month.

If you’ve been in the industry long enough, you know that tenants need to be served a notice to quit to begin the eviction process, but what needs to be in the notice? How long does the tenant get to either pay the money owed or risk eviction? What should a landlord include as “rent” in the notice?

Here’s a quick and easy guide with answers to these questions to set you up for success in your nonpayment of rent cases.

1. Timing is everything

While there is some movement in this space, best practice is to issue a 30-day notice to quit for unpaid rent under the CARES Act if: (1) the tenant or unit receives any federal subsidy (usually includes Section 8 mobile vouchers); (2) the property receives project-based assistance; and/or (3) the property has a federally backed mortgage (spoiler alert- most mortgages are federally backed!) If none of these apply, a 14-day notice to quit is typically appropriate under state law. When in doubt, a 30-day notice is your safest bet, as courts have dismissed cases outright (even at later stages of litigation) for failing to comply with federal law (Cares Act). Always consult your attorney with questions unique to your particular scenario.

2. Rent… what is due?

Housing Court Judges in Massachusetts interpret what constitutes “rent” differently for purposes of a nonpayment of rent case. Some allow landlords to include water/sewer charges, late fees, and other such agreed upon lease charges as “rent” so long as the lease defines charges as “rent” or “additional rent”. Others limit the landlord to only the base monthly rent for the dwelling. Best practice is to only include unpaid base monthly rent in the notice to quit. The idea behind this is that courts want to ensure that tenants have the correct and accurate amount of what is owed for rent so that their cure rights are clear. Meaning, what is the rent amount that the tenant needs to legally pay to “cure” their balance. This is another pitfall for the unwary landlord that could result in dismissal of your eviction case, so be sure to consult your attorney with any questions!

3. What if my tenant is up for lease renewal?

It is NOT a good idea to send tenants lease renewal offers after sending a notice to quit (or while an eviction is pending for that matter) unless your renewal offer contains language reserving your rights under a prior notice to quit/pending litigation. Even this can get tricky if the right language is not included and depending on the status of your case. The idea behind this is that the notice to quit operates as a termination of the tenancy, and offering a renewal may inadvertently reinstate the tenancy. Before issuing any renewals to your tenants while a notice to quit or eviction process is pending, consult your attorney to make sure your rights are protected.

4. They paid, now what?

Congratulations, you have been made whole! If the case has not been filed yet, the notice to quit is very likely to be considered “cured”, and no additional action should be taken. However, if you have repeat offenders and there become a consistent pattern, consult your attorney to explore additional options to address the ongoing issues. If your case has been filed, and/or “other” charges like water and sewer and/or utilities/charges remain outstanding, stay tuned for the next episodes in this series to see what options you have.

Next episode: My notice to quit for nonpayment of rent has expired and my tenant still hasn’t paid their balance to $0. What happens now?