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) 2.
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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2. Service of summons and complaint; entry of action. Once the deadline stated in the notice to quit has passed, the landlord may serve his or her tenant with a "summons and complaint" specifying in "concise, untechnical form and with sufficient particularity and completeness" the reasons for the requested eviction.5 See *318Rule 2(b) of the Uniform Summary Process Rules (1993); Rule 2(d) of the Uniform Summary Process Rules (1993). The basis for the landlord's eviction action is limited to the reasons for eviction provided in the notice to quit. Strycharski v. Spillane, 320 Mass. 382, 384-385, 69 N.E.2d 589 (1946). Where a landlord seeks to evict the defendant for reasons other than those provided in the notice to quit, the landlord must "recommence the summary process procedure and issue a new notice to quit" explaining the new grounds for eviction, and then file a new summary process summons and complaint if the tenant chooses not to vacate the premises. Federal Nat'l Mtge. Ass'n v. Nunez, 460 Mass. 511, 520 n.11, 952 N.E.2d 923 (2011), citing Strycharski, supra.

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