Earlier this week, Governor Baker extended the current moratorium on non-essential eviction cases through October 17, 2020.  This means that all non-essential evictions (which includes cases for non-payment of rent) are barred until after that date.  Landlords may still proceed with evictions based on tenant criminal activity or actions by tenants which impair the health and safety of other tenants.

While the moratorium is in place, you may not send out notices to quit for non-payment of rent, charge late fees for overdue rent or report a tenant’s credit history.  Please note that tenants are still obligated to pay rent, and tenants will be subject to legal action for non-payment of rent once the moratorium ends.  

For now, we suggest that landlords continue to keep accurate records of which tenants owe what amounts and be prepared to send out new notice to quit to those tenants once the moratorium ends.  For tenants who are engaging in other types of minor lease violations (such as noise complaints, improper sub-leasing, smoking, etc.) landlords can take other enforcement actions such as sending cease and desist letters.  

Our office is still operating as usual and we are available to assist and answer any questions you may have about the eviction moratorium, non-payment of rent cases, and the reopening of the state’s Housing Courts.  Please contact Attorney Steven D. Weil, Attorney Andrew M. Kepple, or one of our other landlord tenant attorneys at 508-541-3000.

This blog is for informational purposes only.  It should not be considered legal advice.  All those who read this blog should seek the advice of a professional before taking action based upon any information provided herein.

© 2020 Doherty, Dugan, Cannon, Raymond & Weil, P.C.

Article by Attorney Andrew Kepple

Attorney Andrew M. Kepple has more than 10 years of experience in state and federal courts, concentrating his practice in the areas of landlord-tenant law, civil litigation and employment law.

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