Real Estate Management Advisory: Massachusetts Moratorium on Evictions During COVID-19 Emergency
On April 20, 2020, Governor Baker signed into law “An Act providing for a moratorium on evictions and foreclosures during the COVID-19 Emergency.” The moratorium prohibits all “non-essential evictions” effective immediately and until August 20, 2020 or 45 days after the COVID-19 emergency ends, whichever is sooner. A “non-essential eviction” is defined as an eviction:
(i) for non-payment of rent; (ii) resulting from a foreclosure; (iii) for no fault or no cause; or (iv) for cause that does not involve or include allegations of: (a) criminal activity that may impact the health or safety of other residents, health care workers, emergency personnel, persons lawfully on the subject property or the general public; or (b) lease violations that may impact the health or safety of other residents, health care workers, emergency personnel, persons lawfully on the subject property or the general public…
In summary, all steps in the eviction process for cases that involve nonpayment of rent, terminations of tenancies at will, and “cause” cases that do not pose health or safety risks to others are prohibited by the moratorium. This includes a prohibition on each of the following steps:
· Sending or serving a Notice to Quit;
· Sending or serving a Notice Terminating a Tenancy at Will;
· Sending any type of notice to a tenant demanding that they vacate their apartment;
· Serving a summary process summons and complaint;
· Filing a summary process summons and complaint with the Court;
· Issuance of a judgment (whether by agreement or by default) by the Court;
· Issuance of an execution for possession by the Court; and
· Levying on an execution to obtain possession of the apartment.
If an eviction matter involves conduct by a tenant, their household members or their guests that may impact the health and safety of others, you are not prohibited from taking these steps. In addition, you are not prohibited from sending your customary past due rent notices so long as such notices do not contain any notice to quit language or any other language demanding that the tenants vacate their apartments. If you are unsure of your past due notices, please contact us and we will review them to confirm that they do not violate the moratorium.
Under certain circumstances, the moratorium permits evictions for commercial tenancies. If you wish to proceed against a commercial tenant, please contact us so we can determine if you are eligible to do so.
Due to a virtual halt in all steps of the eviction process, we encourage you to communicate with your tenants that are in default in an effort to arrive at voluntary payment agreements until the Courts reopen. When you reach such agreements, please contact us and we will assist you in memorializing the agreements in a manner that does not impact your legal rights and remedies.
Landlords are also prohibited from charging late fees for nonpayment of rent or reporting nonpayment of rent to consumer credit agencies during the pandemic, but only if the tenant provides notice and documentation to the landlord within 30 days after the missed rent payment showing that the nonpayment was due to a financial impact from COVID-19.
Finally, the moratorium expressly provides that tenants remain obligated to pay rent and preserves a landlord’s right to recover rent when the moratorium expires.
As always, please feel free to call or email any member of the Krems, Jackowitz & Carman, LLP Real Estate Management Team with any questions.
Kenneth A. Krems-David R. Jackowitz-Scott D. Carman
Krems, Jackowitz & Carman, LLP
141 Tremont Street, Boston, MA 02111
Telephone: (617) 556-0244