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What is the difference between a Notice to Terminate Tenancy at Will and an Eviction notice?

Having a dispute with a tenant or landlord? Rental Law discussion

What is the difference between a Notice to Terminate Tenancy at Will and an Eviction notice?

Postby fenwick » Sat Apr 28, 2012 9:02 am

My girlfriend who is a tenant at will received a notice to Terminate Tenancy at Will. In the letter it says "If you fail to vacate said premises by midnight, April 30, 2012 resort will be had to the remedies afforded by law to evict you." Does that mean sheriffs will come and forcible remove her and her kids on the 30th or does it mean he will take her to court to evict her? After he goes to court how many days are you given to leave the property? This is in the state of Massachusetts.
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What is the difference between a Notice to Terminate Tenancy at Will and an Eviction notice?

Postby muata2 » Sat Apr 28, 2012 9:08 am

The notice is just that, they want her to leave.

An eviction is a legal process. It will take them another 2-3 weeks to evict her, and yes, the sheriff will remove her if required. She will have to pay for the eviction, with her wages garnished if need be. It will also be recorded on her credit report for 10 years so other landlords and employers know what kind of person she is.

The only defense against the notice in court is to prove she moved out, the legal reason for the eviction will be "failure to vacate". It is not possible to force the landlord to rent to her.
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