Legality of eviction
I live in an apartment as a tenant at will. I was served a summons by a constable in an eviction case. I only got page 1 (of 2) Page 2 was supposed to be a copy of the Notice to Quit but it was not attached. Does that give me a chance if I file a motion to dismiss based on the summons not meeting the legal requirements?
Re: Legality of eviction
You do not mention the basis of the eviction. I assume for purposes of this answer that it is non-payment of rent. If this is not the case, you have a better chance. This also assumes that you have no real defenses to non-payment, such as conditions violating the sanitary code of which the landlord is aware.
You have nothing to lose by filing a motion. However, unless the landlord or lawyer are regularly sloppy in such matters, the Court is likely to forgive the landlord/attorney/constable for this error. The landlord is already out his/her rent, has done everything else lawful to collect rent, and now is forced to spend additional money to legally evict you. If he gets a judgment and you refuse to move, the landlord faces the cost of moving you out by sheriff or constable.
The court is likely to use its discretion in favor of the landlord and allow correction of the service.
Gregory Lee
Gregory P. Lee, Attorney at Law
1 Center Plaza
Boston, MA 02108
Re: Legality of eviction
Were you ever served a Notice to Quit?
What is your rental period? Monthly? Weekly?
Failure to serve a Notice to Quit together with the Complaint will not require a dismissal by the judge unless, at the judge’s discretion, the landlord’s failure so prejudices the tenant as to require a dismissal.
Please feel free to contact me if you should require further assistance in this matter.
attyvm@vaughnmartel.com
http://www.vaughnmartel.com
Christopher Vaughn-Martel
VAUGHN-MARTEL LAW
1180 Washington Street, Suite 101
Boston, MA 02118