Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (2019)

Citation: Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (2019) 1.
Parent Document: Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (2019)
Jurisdiction: Massachusetts (state)
Effective Date: 2019-04-10
Original Source: https://www.courtlistener.com/opinion/7178223/adjartey-v-cent-div-of-the-hous... ↗

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1. Notice to quit. Prior to eviction, a landlord must serve the tenant with a "notice to quit" to inform the tenant that the landlord will be seeking eviction after a specified period of time. See Cambridge St. Realty, LLC v. Stewart, 481 Mass. 121, 122, 113 N.E.3d 303 (2018) ("legally effective notice to quit is a condition *316precedent to a summary process action and part of the landlord's prima facie case"). A tenant is entitled to "actual receipt" of the notice to quit "within the time prescribed and before an eviction action is brought." Harris vs. Munro, Mass. App. Div., 1999 WL 788684 (Dist. Ct. Mar. 9, 1999), citing Regan v. Atlantic Ref. Co., 304 Mass. 353, 354, 23 N.E.2d 869 (1939). "The burden is on the landlord to establish that he [or she] provided the requisite notice in compliance with the statute." Harris, supra, citing Ryan v. Sylvester, 358 Mass. 18, 21, 260 N.E.2d 148 (1970).1

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