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By Mr. Fennell of Lynn, petition (accompanied by bill, House, No. 1409) of Robert F. Fennell for legislation to expedite actions brought for the recovery of residential premises. The Judiciary. |
The Commonwealth of Massachusetts
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PETITION OF:
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In the Year Two Thousand and Seven.
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Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 239 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out section 1A and inserting in place thereof the following: -
Section 1A. A lessor of land or tenements used for residential purposes may bring an action under this chapter to recover possession thereof before the determination of the tenancy by its own limitation or by notice to quit, subject to the following conditions and restrictions. A specific termination date shall have been designated either in the lease or other rental agreement, or pursuant to notice to quit given in accordance therewith or pursuant to chapter 186. A copy of such lease, rental agreement or notice to quit shall be annexed to the summons. The person bringing such action shall so notify all defendants by registered mail, which notification shall be mailed not later than twenty-four hours after the action is initiated. Except in the case of termination pursuant to such notice to quit, the person bringing the action shall demonstrate substantial grounds upon which the court could reasonably conclude that the defendant is likely to continue in possession of the premises at issue without right after the designated termination date, which grounds shall be set forth in the complaint and may include without limitation the defendant’s failure to accept an offer for the extension or renewal of an existing lease or other rental agreement. No execution for possession may issue in any such action before the day next following the designated termination date. Any action brought pursuant to this section shall conform to and be governed by the provisions of this chapter in all other respects and no remedy or procedure otherwise available to any party, including any stay of execution which the court has discretion to allow, shall be denied solely because the action was brought pursuant to this section.