14 days notice and Last month rent

5 Replies

Hello Guys,

I'm planning on serving a 14 days notice to quit to one of my tenants and that's going to be my first eviction, when i bought the property she was already in it and apparently she used her last month rent at some point cause she couldn't pay rent that month, so when  i took over the property there's no more last month rent, in the 14 day notice, i wanted to include in the total amount the last month she owe me. is that doable in Massachusetts ? as of the second of this month she will owe me two moth plus the last month, what you guys think ? 

I doubt you will be able to pull that off, is it in writing that she used last month rent as rent during her tenancy?

yes i have it in writing from the previous sellers layer, apparently this decision was taken in court and they agreed to let her use last month as payment.

Just to clarify. Tenant owes you for January and now February and already used the original last month rent with original owner (and you have it document with court paperwork).

Then, No, you will not be able to add it to the 14 day notice.  You can only include monies owed.

"is that doable in Massachusetts ?"

As a landlord it is your responsibility to study and understand all your state landlord tenant regulations. If you have not taken the time to learn though laws governing your business you should be hiring a qualified eviction lawyer.

Before you take any action regarding tenants rights learn the laws.

Sorry to be so late to respond. Whether you are holding last months rent or not, you do not include it in your 14 day notice to quit. You would just add January and February. 

Where the last month's rent could come into play is at court. If she does not pay up and you file the eviction, the mediators at court will ask about it. If you had it it could be written into the agreement that you can take it and she gets a credit against what is owed.

It is good you have the information in writing that there was a prior agreement to use last months rent. The tenant will claim you are holding it.

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