Landlord and Tenant
Landlord and Tenant relations
There are two types of tenancy’s.
- The first one is by a lease executed by the landlord and the tenant.
- The second is a tenancy at will where there is no lease and the tenancy operates month to month.
At the beginning of a tenancy, a landlord may request a first month’s rent, last month rent, and a security deposit.
Various issues may arise during the tenancy such as violations of state sanitary code, questions regarding utilities, lead paint issues, and the right of access by landlord.
Evictions generally fall into one of the following categories – nonpayment of rent, a lease violation, a for-cause eviction, or a no-fault eviction, whereby the landlord is simply seeking possession of the unit.
What happens in a nonpayment case
In the case of a landlord and tenant relationship regarding nonpayment of rent, the landlord must serve the tenant with a 14-day notice to quit. In all other cases, the landlord must serve the tenant with a 30 day notice to quit.
If a tenant does not vacate, the landlord then files a summary process action and serves the tenant with a summons and complaint. This action may be brought in either the district court or the housing court. If the action is at housing court, the parties may meet with a housing specialist who acts as a mediator and tries to resolve the case. Otherwise, the case may be tried before a judge or jury.
Paul Santos Law