March 23, 2020:- What a difference a day makes. Today’s decision from the Supreme Judicial Court (SJC) in Youghal, LLC v. Entwistle reminds landlords that they need to prove receipt (not merely the sending) of a notice to quit and that they can only commence summary process for non-payment of rent after 14 days have elapsed.
In the Youghal case, the landlord’s agent taped the notice to quit for non-payment of rent to the tenants’ door on June 6, 2017. But at trial one tenant testified that she did not see the notice until the following day, June 7. The landlord served the tenants with a summary process summons and complaint on June 21, 2017, which within the 14-day period that commenced on June 7 (the day the tenant said she saw it). Therefore, said the SJC today, “judgment must enter for the tenants.”
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Our standard approach is 3-fold (precisely to avoid what opened here) 1. Certified letter to tenant 2. Normal post letter to tenant with notation of certified mail contained within body 3.Hand-delivered and witnessed delivery to premises. Copies of all. Then wait a couple day after the 14 to “give time” for tenant to receive