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CDC Effects on Evictions

Eviction notice, residential lease, keys, and pens.

CDC effects on evictions

Disclaimer

Please understand that I AM NOT an attorney, nor can I provide legal advice. That being said, if you require legal advice, please contact a qualified attorney versed in the subject matter you need assistance with. Any views, opinions, or anything else you may interpret as advice, is not. The following is based on my conversations and experiences. Did I mention, it’s not legal advice?

CDC Order

There seems to be some confusion about the CDC order. The following link is probably the best explanation I have seen to date. Please take a moment to check it out. https://www.jdsupra.com/legalnews/massachusetts-eviction-moratorium-set-43170/

New Forms

Today I was at Central Housing Court in Worcester. I had the opportunity to speak to the Clerk-Magistrate. There was a couple of things he wanted me to be aware of to help my customers out. They are as follows:

New Summary Process (Eviction) Summons and Complaint

Also referred to as SPSC Commonly known as the $5 gray colored form you purchase from the court (or me) to have the tenant served. A couple things to point out here:

  1. The form still costs $5.00. Sorry, that’s not me…
  2. If you have old forms, the court will swap them out 1 for 1 at no charge. PLEASE do not use old forms. 
  3. The form has been totally updated and revised. The same information is needed, but it looks different.
  4. The ask for an email address now – to help with Zoom meetings
  5. There is a line where it directs tenants needing assistance to call 211 or visit a website
  6. There is NO TRIAL DATE. It states “To Be Determined by the Court”. (They are backed up…)
  7. You need to file an affidavit when you file the SPSC. See next topic

Plaintiff’s Affidavit Concerning CDC Order

This is a new form that must be filled out when filing your SPSC.

It can be located here, https://www.mass.gov/doc/plaintiffs-affidavit-concerning-cdc-order

  • It is not intended to be served to the tenant. 
  • It asks if the tenant has or has not provided the landlord with a declaration(s) as provided in the CDC order
  • This only applies to NON-PAYMENT cases
  • It’s available on the court’s website and is a fillable PDF

Other points

  • If you have a non-payment, you absolutely can file the non-payment case. Remember, even if they are protected, by the time the case comes up, the CDC order will have expired. Even if it hasn’t, you can still get a judgment. You wouldn’t be able to evict them physically until the CDC order is over.
  • You are NOT required to inform your tenants of the protections of the CDC order.

In closing

Do I need to state the I am not an attorney nor do I play one on TV routine? Seriously folks, if you need advice PLEASE call an attorney versed in housing matters. I can’t stress this enough. Right now is not the time to make a mistake. I’m told Legal aid is going crazy with requests from tenants. They are filing answers, counterclaims, and asking for discovery as well as jury trials. All are tactics to delay a hearing. Please protect yourself.

A part of protecting yourself is utilizing constables (or Sheriff’s Deputy – if you can find one right now) to serve your notice to quits. I get it, it’s cheaper to serve it yourself. But imagine this, your case finally comes up (months from now because of the COVID delays) and the tenant (or their attorney) challenges service on the notice to quit. All they have to say is they never received it. If the judge agrees (and mind you they probably want to clear as many cases as they can), your case gets thrown out and you have to START ALL OVER. That would be a huge and costly mistake. A constable’s return is prima facia evidence of service (true at its face value).

Please also know that I am open and available. I have been busier than normal, but I’m still serving. I’ll return calls as quickly as I can. A part of the reason why I am so busy is that as of this writing, the Worcester County Sheriff’s Office is operating with 1 full-time deputy and 2 part-time deputies in the civil process unit. I’m glad to continue to take their business until they are back at full operating status. (I’ll still be glad to take their business then too 😉 )

  • If you are receiving this email directly, you’re already a customer or have done business with me. Please share this email with your friends and direct them to my website,  https://maconstable.com/
  • If you have documents to serve, please feel free to email them to office@maconstable.com
  • I can be reached at (774) 230-0623 – cellphone, call, or text