![]() ![]() ![]() 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. We work closely with attorneys and landlords to enforce their Execution for Possession. The process of eviction can be arduous for everyone involved. Our office has decades of experience handling commercial and residential evictions. ![]() The Barnstable County Sheriff’s Office conducts numerous evictions every year. 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. A court ordered execution authorizing the eviction is addressed to the deputy sheriff, and they are required to give 48 hours’ notice to the tenant before the actual eviction is to take place. The landlord can only evict the tenant with the assistance of a sheriff. The landlord cannot cut off essential services, lock out a tenant, or remove a tenant from the premises by themselves. After the ten days have passed, the landlord can request an Execution for Possession. If the landlord wins the Summary Process Summons and Complaint case, the tenant has ten days to comply and vacate the property. 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. The Summary Process Summons and Complaint instructs the tenant when to go to court, as well as instructing them to file an answer with the court before trial. 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 Barnstable County Deputy Sheriffs. The BCSO Civil Process Office has Notice to Quit forms available to initiate the eviction process.Īfter the Notice to Quit has expired, the landlord may serve a Summary Process Summons and Complaint form upon the tenant. ![]() 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. Lease: 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.Tenancy at Will: 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 or the attorney representing the landlord.Most evictions arise over non-payment of rent. A tenancy at 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. There are two main types of tenancies, a tenancy at will and a tenancy under lease. The first step in an eviction is to determine what kind of lease exists between the tenant and the landlord. 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. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |