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Can i move forward with a Process Summary Summons - Landlord Forum thread 355429








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Excuses!

Can i move forward with a Process Summary Summons by Mike (MA) on December 22, 2017 @16:08

                              
Can i move forward with a Process Summary Summons & Complaints if Tenant paid late rent but did not pay the Constable fees ?

Facts:
Location of property: Massachusetts-
12 month lease
Tenant did not pay the rent by December 1st (for the month of December)
14 day NTQ delivered by Constable on December 4th
Process Summary Summons & Complaints delivered by Constable on December 19th

On December 22nd, Tenant paid the rent, however Tenant did not pay the Constable fees, etc...

Considering the above, three questions:

1. Has Tenant cured or not considering that the fees were not paid?
2. Can Landlord still file Process Summary Summons & Complaints in Court?
3. Is there a time limit / a date by which Landlord has to file in court in order not to lose progress made already... and avoid having to re-issue a new 14 day NTQ and/or new Process Summary Summons & Complaints? (in case Tenant does not pay rent by January 2nd)
[ Reply ] [ Return to forum ]

Re: Can i move forward with a Process Summary Summons by Garry (Iowa) on December 22, 2017 @21:20 [ Reply ]
I will try to give you my opinion, even though I am from Ia. and do not know Mass. LL/T laws. ------If your NTQ only had an amount for rent only (no other number for fees, etc.) and you have ACCEPTED the rent, then the T did as you asked---he paid the rent (even though it was past the 14 days on the NTQ. ) A judge is not likely to evict someone for not paying a few "fees". If you file something, you may win a money judgement, but nothing more. For now, I would accept the loss of the fees, and wait to see if you have to do the same thing in Jan. Use the month of Jan. to read up on your state's LL/T laws, and the eviction process / codes, so you know how to proceed the next time this happens.

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