Chapter 257

Effective December 31, 2020, Governor Charlie Baker signed into law Chapter 257 of the Acts of 2020 which provides two new requirements for Landlords when serving Notices to Quit for residential non-payment of rent:

1) The new law requires Landlords to complete and deliver a document promulgated by the Massachusetts Executive Office of Housing and Economic Development (EOHED).  That document (referred to as the “Accompanying Form”) must be served on the tenant at the same time as the notice to quit for non-payment is served.  The Landlord must fill out the form in its entirety and sign the Accompanying Form under the pains and penalties of perjury. Landlords should amend their respective Certificate of Service to include service of the Accompanying Form with the NTQ so that there is no question of compliance with the new law.

2) The new law also requires Landlords to fill out certain information and upload the competed Accompanying Form with the Notice to Quit to this link: https://www.mass.gov/info-details/notice-to-quit-attestation-form-and-submission-information.

Important to note: This new law is retroactive to December 18, 2020 and will remain in effect until the end of the Massachusetts COVID-19 state of emergency. For a complete overview of the law and its new requirements, please see the regulations contained in this link: https://www.mass.gov/regulations/400-CMR-600-notices-to-quit-during-the-covid-19-state-of-emergency

The last change the law made is one that permits Massachusetts Judges to continue cases “for a period as the court may deem just and reasonable” where a tenant’s non-payment is due to or exacerbated by COVID-19 and the tenant has sought rental assistance.

Please contact Lori A. Drayton at lad@cdlawma.com or (508) 618-7309 for assistance with the new law.