Evictions
The three most common reasons for evicting a tenant are the non-payment of rent, the expiration of the lease, or a violation of the lease. The first step in an eviction is to determine what kind of lease exists between the tenant and the landlord. There are two main types of tenancies, a tenancy at will and a tenancy under lease. A tenancy as will is usually identified by the provision it has for termination, stating that either party in the lease, the landlord or tenant can terminate the agreement by giving a written Notice to Quit that states the relationship will end in a time that is equal to a rental payment or thirty days, whichever is longer.
Most evictions arise over non-payment of rent
- If it is a tenancy at will, the landlord must give a written Notice to Quit that allots the tenant 14 days to vacate the property, or to pay in full the rent owed along with interest and cost of suit, to the landlord of the attorney representing the landlord.
- If the tenant is under a lease, and the reason for the termination of the lease is nonpayment, a Notice to Quit must be given to the tenant, who has 14 days to comply. If the tenant has been involved in an illegal activity, such as drug use, the landlord has the right to an expedited eviction process through the court.
After the Notice to Quit has expired, the landlord may serve a Summary Process Summons and Complaint form upon the tenant. This document must be obtained from the court, and can only be served by those who have the proper qualifications and training, such as the Essex County Deputy Sheriffs. The Summary Process Summons and Complaint instructs the tenant when to come to court, as well as instructing them to file an answer with the court before trial. If the tenant does not arrive at court on their scheduled trial date, the landlord will automatically be granted the Summary Process Summons and Complaint case.
If the landlord wins the Summary Process Summons and Complaint case, the tenant has ten days to comply and vacate the property. After the ten days have been passed, the landlord can request an execution. The landlord cannot cut off essential serviced, lock out a tenant, or remove a tenant from the premises by themselves. The landlord can only evict the tenant with the assistance of a Sheriff. A court ordered execution authorizing the eviction is addressed to the Deputy Sheriff, and they are required to give 48 hour notice to the tenant before the actual eviction is to take place. Executions are good for 90 days for the acquisition of the property or unit, and the monetary portion is good for twenty years from the date issued.
Why use Essex County Deputy Sheriffs for evictions?
The Essex County Sheriff’s office conducts numerous evictions every year. Our office has decades of experience handling commercial and residential evictions. We work closely with attorneys and landlords to enforce their Execution for Possession. We can negotiate with the tenant on behalf of the Plaintiff/landlord or if communication is no longer a viable option, physically evict the tenant after the required 48 hour notice period has elapsed. The Sheriff’s Department has handled all manners of evictions from residential evictions to complicated and litigious commercial evictions. Essex Deputies are trained to minimize both cost and liability.
HOW EVICTIONS WORK AT THE ESSEX COUNTY SHERIFF’S OFFICE
Step 1: Submit the original Execution for Possession and $ 400.00 retainer to the Essex County Sheriff’s Department.
Step 2: Submit a cover letter (or fill out the EVICTION REQUEST FORM) with your contact information and information regarding the property or tenant being evicted. Please include the following information if available; the number of tenants living at the property, length of time tenant has resided at the property, reason for the evicting the tenant and any other information you feel may be relevant. Please also include the name and phone number of the moving and storage company you will be utilizing. Moving and storage companies must meet statutory requirements outlined in MGL 239 Sec 1-5. You are responsible for hiring a moving and storage company that meets the statutory criteria for evictions. A list published be the Executive Office of Public Safety and Security is online. The company must be on the list and the tenant’s property must be warehoused within a reasonable distance from the property where the eviction is to occur. If you have any questions regarding choosing a mover please contact our office.
Step 3: Our office will contact the mover and schedule the eviction as soon as possible. If you have any specific scheduling needs, our office can work with you to set a date to fit you or your client’s schedule.
Step 4: For residential evictions, a 48 hour Notice to Quit is required and will be served by our office informing the defendant of the date and time of the eviction and the information of the moving and storage company.
Step 5: If the defendant cannot be convinced to move out voluntarily within the 48 hour period, a Deputy Sheriff will arrive at the location and take possession of the premises. The tenant’s property will be transported to the predetermined storage facility and possession of the premises will be returned to the landlord.