Section 11. Upon the neglect or refusal to pay the rent due under a written lease, fourteen days' notice to quit, given in writing by the landlord to the tenant, shall be sufficient to determine the lease, unless the tenant, on or before the day the answer is due, in an action by the landlord to recover possession of the premises, pays or tenders to the landlord or to his attorney all rent then due, with interest and costs of suit. If the neglect or refusal to pay the rent due was caused by a failure or delay of the federal government, the commonwealth or any municipality, or any departments, agencies or authorities thereof, in the mailing or delivery of any subsistence or rental payment, check or voucher other than a salary payment to either the tenant or the landlord, the court in any such action shall continue the hearing not less than seven days in order to furnish notice of such action to the appropriate agency and shall, if all rent due with interest and costs of suit has been tendered to the landlord within such time, treat the tenancy as not having been terminated.
Notes of Decisions
In Re 29 Newbury Street, Inc., 75 B.R. 650 (Bankr. D. Mass. 1987).
· cites it 5× “According to Saunders, under applicable state law, a 14 day notice to quit terminates a lease unless the tenant cures any defaults by paying all rent then due together with interest and costs of suit on or before the date upon which the answer in the summary process action is…”
Wesson v. Leone Enter., Inc., 774 N.E.2d 611 (Mass. 2002).
“, G. L. c. 186, § 11 (landlord entitled to recover possession on neglect or refusal to pay rent due under written lease).”
McGrath v. Mishara, 434 N.E.2d 1215 (Mass. 1982).
“*77 The landlord then sent the tenants a fourteen days’ notice to quit (see G. L. c. 186, § 11), dated June 18, 1975, citing the tenants’ failure to pay the $45 increase for June.”
Commonwealth v. Chatham Dev. Co., 731 N.E.2d 89 (Mass. App. Ct. 2000).
· cites it 2× “The Commonwealth’s case against Chatham is premised on the theory that the constable fee provision is unfair and deceptive under G. L. c. 93A, § 2(a), in that it transgresses G.”
Matter of Norwood Aviation, Inc., 47 B.R. 155 (Bankr. D. Mass. 1985).
· cites it 2× “Under Massachusetts law a lease may be terminated for non-payment of rent by following the summary process procedures set forth in M.G.L. c. 186 § 11. A written fourteen day notice to quit terminates a lease unless the debtor tenders rent then due before the answer date in the…”
Kargman v. Dustin, 359 N.E.2d 971 (Mass. App. Ct. 1977).
“*108 In the usual case, where rent payments are not being made on time, the landlord’s remedy is to terminate the tenancy (G. L. c. 186, §§ 11, 12) and seek summary process for eviction under G.”
Shannon v. Jacobson, 160 N.E. 245 (Mass. 1928).
“Under date of November 23,1926, the lessor sent to the lessee a notice stating that, by reason of the bankruptcy of the lessee, of which the lessor had just learned, the lease was cancelled and the premises must be vacated not later than December 1, 1926.”
In Re Southcoast Express, Inc., 337 B.R. 739 (Bankr. D. Mass. 2006).
“2 of the Lease, and G.L. c. 186 § 11 A. Southcoast is directed to conform to the provisions of Article VI.”
Scallywags, Inc. v. Sweeney (In Re Scallywags, Inc.), 84 B.R. 303 (Bankr. D. Mass. 1988).
“II ILLEGAL EVICTION At the preliminary injunction hearing, the Court ruled that the Defendant’s April 4 notice was an insufficient notice to quit under Mass.Gen.L. ch. 186, § 11, and that, in any event, the statute required expiration of 14 days after the notice before a…”
Ullian v. Les Tuileries, Inc., 281 N.E.2d 229 (Mass. 1972).
· cites it 2× “The evidence was sufficient to permit jury findings that the defendant broke various covenants in the lease, that there was a proper entry for possession under the lease, and that a proper notice to quit for nonpayment of rent was given (G. L. c. 186, § 11; see Oakes v. Munroe,…”
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