Did you know that there are new forms that apply in housing cases during this CDC Moratorium?
First off, yes you can still bring your tenant to court for non-payment and for other reasons. There are just a few extra things to do.
Now for my standard disclaimer: I AM NOT AN ATTORNEY. I can not provide you with legal advice. If you need legal advice you should contact the court or an attorney well versed in the subject manner you are seeking. Any information below has been collected on publically available websites to and including the Massachusetts Court’s website. As laws and interpretations change from time to time, you should verify the accuracy on your own or seek appropriate council.
Notice to Quit Attestation Form and Submission Information
All landlords must give tenants an attestation form and submit a copy of any Notice to Quit for nonpayment of rent given to a residential tenant during the COVID-19 State of Emergency to the Executive Office of Housing and Economic Development.
This is required by 400 CMR 6.00 / Section 1 of Chapter 257 of the Acts of 2020.
Required Attestation Form to Accompany a Notice to Quit
Landlords Must Provide Attestation Form With Notice to Quit: During the COVID-19 state of emergency, landlords that issue a notice to quit for nonpayment of rent to a residential tenant, must also give the tenant, with the notice to quit, a completed form attesting (swearing) to certain facts. This is required by law – see Chapter 257 of the Acts of 2020.
The form is available on the state website: https://www.mass.gov/noticetoquit
The new forms asks for only a little bit of information
· The name of the landlord,
· The name of the tenants,
· The address of the rental unit
Then there are 3 questions, as follows:
By signing below, Landlord is swearing that all of the following statements are true and correct:
1.Tenant (check one) did □ did not □ provide a completed declaration in the form attached to an order of the Center for Disease Control and Prevention entitled “Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19”. For a link to the declaration form, seehttps://www.cdc.gov/coronavirus/2019-ncov/downloads/declaration-form.pdf.
2.The Unit (check one) is □ is not □ a “covered dwelling” under section 4024(a)(1) of the federal Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136 (the “CARES Act”).
If the Unit is a “covered dwelling,” the notice to quit (check one) does □ does not □ comply with the requirements of section 4024(c) of the CARES Act, which requires longer notice periods for some “covered dwellings.” (See instructions for information on the CARES Act.)
3.There (check one) are □ are not □ existing written or verbal agreements between the Tenant and Landlord related to the repayment of overdue rent. If there are any existing written agreements, a copy of each agreement must be attached to this form. If there is a verbal agreement, check this box. □
If that isn’t enough…
Then you have to upload the notice to quit to the Exec. Office of Housing and Economic Development
You will need:
· Complete the form on the website, https://www.mass.gov/noticetoquit
· Upload a copy of the notice to quit
The Commonwealth of Massachusetts has information for landlords on emergency housing assistance and other services available for landlords and tenants.
Summary Process (Eviction) Summons and Complaint
When it is time for the Summary Process (Eviction) Summons and Complaint, you must submit a “Plaintiff’s Affidavit Concerning CDC Order”. In fact, you’ll need it just about every time you have court. That form is available on the state website or on my page under Forms.