COVID- Massachusetts Are evictions still a thing?

January 27, 2021 12:20 PM

Our landlords showed up at our house yesterday, told us not to pay rent in February and to be out on March 1. We are tenants-at-will, but this is out of nowhere. A Sheriff showed up today to serve me. The letter indicates "If you fail to so vacate, I shall employee the due course of law to evict you." I have a few questions. I thought evictions were on a stay in MA due to COVID until March. Not that I want to stay, but I might need to. There's no properties to rent near us, and less to buy. You are not my realty lawyer, but you might have understanding of the current law. Any thoughts? Thanks in advance.
posted by Draccy to Law & Government (7 answers total)

The state's pause on evictions expired on October 17, 2020. When the state moratorium expired, a federal moratorium established by the Centers for Disease Prevention and Control (CDC) became effective in Massachusetts. Through March 31, 2021, the CDC moratorium will prevent residential evictions for non-payment for qualified tenants who submit a written declaration to their landlord. Courts will accept filings and process cases, and may enter judgments but will not issue an order of execution (the court order that allows a landlord to evict a tenant) until after the expiration of the CDC order. Protection is limited to households who meet certain income and vulnerability criteria.

In addition, the Trial Court has changed its procedures to provide for a two tier process that will enable tenants and landlords to access resources and mediate their disputes in order to preserve tenancies.

A state law enacted in December of 2020 adds new requirements for notices to quit issued by landlords, and made additional changes to court processes. New regulations were also issued as a result of the law.

Source
posted by NotMyselfRightNow at 12:25 PM on January 27, 2021 [2 favorites]

Are you in an area with a group that assists tenants? Where I am, there are a few nonprofits that tenants can call with questions like this. Maybe if you share your specific location in MA someone will have a suggestion.

Can you clarify if you haven't been paying rent? This sounds a little different than an eviction, if they're telling you *not* to pay rent and then to leave. When you say that you're a tenant at will, does that mean that your lease or the law says that you only need to be given 30 days notice?
posted by pinochiette at 12:32 PM on January 27, 2021

I won't comment on the eviction moratorium but I would suggest finding a tenants rights group and discussing the situation with them. These types of laws can be very location specific and the fact that you didn't receive anything in writing before the sheriff showed up is probably not acceptable.

Not paying rent in February might also be a bad idea unless you have something in writing that says you do not have to. And if you do get something be sure to read it carefully that it doesn't contain conditions.
posted by SpaceWarp13 at 12:34 PM on January 27, 2021 [8 favorites]

Some cities also have their own eviction moratoriums - worth Googling "Yourtown eviction". And really worth finding your local eviction prevention/tenants rights org.

But! You haven't actually been evicted yet, regardless. It sounds like the document the Sheriff served you was a Notice to Quit? The eviction process will only start if/when you fail to move out on March 1st, and it really is a process, with time for you to respond, and a court date, and stuff like that. A smart landlord would want to avoid evicting you because it's a pain in the ass.

But your landlords sound like real shits, notifying you at the last possible legal minute (30 days for a month-to-month lease in MA), so who knows what they're thinking! (Also are they saying they're giving you a break on February rent or are did you pay first and last month's rent when you signed the lease?)
posted by mskyle at 12:45 PM on January 27, 2021 [2 favorites]

IANAL, but the eviction moratorium in almost every city in America is for people who cannot pay their rent due to Covid. If you are on a month-to-month lease, or without a lease at all, and your landord severs it per the law in your jurisdiction, you are not protected by the eviction moratorium. Landlords can still evict people who break the covenants of their leases in all sorts of other ways, and if you are occupying a dwelling without a valid lease then you may be squatting.

This sucks a lot and I am really sorry, but I am not sure the eviction moratorium would apply to your situation if you don't have an active, valid lease.
posted by juniperesque at 1:21 PM on January 27, 2021 [6 favorites]

This page has a pretty good overview.
posted by nakedmolerats at 2:36 PM on January 27, 2021 [1 favorite]

I'm so sorry this happened. I would recommend finding and contacting your local tenants union or legal aid organization and asking for their help or resources. They will likely be most up-to-date with your rights and the laws that apply to evictions in your locale. If not, they can probably point you to someone who can.

This webpage for COVID Eviction Legal Help Project (CELHP) has a list of organizations that may be able to help, and here is their brief FAQ about COVID evictions in Massachusetts.

The images in this tweet have some information about court orders, and the crucial role they play in the eviction process.

This post explains the recently enacted laws for the landlord's perspective. I found it hard to understand but it may be useful to you in figuring out what they are legally allowed to do.

I'm not sure how accurate this article is, but it seems to go through the steps and requirements of eviction: Facing evictions in Massachusetts. Skip the "talk to your landlord" section.

Again, I'm so sorry this happened and I hope you find the info you need.
posted by sweetjane at 2:37 PM on January 27, 2021