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)
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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The potential for confusion is increased by the fact that some sample notice to quit forms, available online, include language that could cause a reasonable tenant to believe that there is no right to avoid eviction by repaying the full amount of rent due. The sample form available at https://www.mass.gov/files/documents/2016/08/wg/notice-quit-14.pdf [https://perma.cc/X7PE-AH9S], for instance, states that "[a]ll monies paid to the landlord after your receipt of this notice will be accepted as use and occupancy and not as rent, without waiving any right to possession of the premises, and without any intention of reinstating your tenancy or establishing a new tenancy." Although the form goes on to discuss a tenant's cure rights, this language is likely to create misunderstandings.

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