Required Attestation Form to Accompany a Notice to Quit
Landlords Must Provide Attestation Form With Notice to Quit: During the COVID-19 state of emergency, landlords that issue a notice to quit for nonpayment of rent to a residential tenant, must also give the tenant, with the notice to quit, a completed form attesting (swearing) to certain facts. This is required by law - see Chapter 257 of the Acts of 2020.
NOTE: This form was updated on 02.16.21 in English, and contains updated translations of page 2 into Chinese Simplified, Haitian Creole, Portuguese, Spanish and Vietnamese. The changes to the form:
- correct the effective date of the new law (correct date: December 31, 2020)
- inform owners of their obligation to provide their tenant(s) with this attestation form from December 31, 2020, per the Trial Court of Massachusetts Housing Department’s First Amended Standing Order 6-20, and until the termination of the COVID-19 state of emergency declared by the Governor.
- inform owners that, for any case filing on or after January 25, 2021, the owner must file an affidavit with the summons and complaint, on the court-required affidavit form. https://courtforms.jud.state.ma.us/publicforms/TC0012
Instructions for Completing the Attestation Form
Instruction Sheet for Landlords (Updated: 02.16.21): Instructions for completing the form that must accompany a notice to quit for nonpayment of rent are available below.
NOTE: These instructions were updated on 02.16.21 to reflect changes in the law. These changes include (1) a correction in the effective date of the law (Dec. 31, 2020), (2) information and links to Standing Orders of the courts requiring that any case filing on or after January 25, 2021 must be accompanied by an affidavit swearing that the attestation form has been given to the tenant, and (3) a link to the required form of affidavit.
Additional Resources
Submitting a Notice to Quit
Use the link below to complete the form and upload a copy of the completed Notice to Quit. The Commonwealth of Massachusetts has information for landlords on emergency housing assistance and other services available for landlords and tenants.
Emergency Regulations
The Executive Office of Housing and Economic Development has issued emergency regulations to implement Chapter 257 of the Acts of 2020. The regulations are available below.
Chapter 257 of the Acts of 2020
An act providing for eviction protections during the covid-19 pandemic emergency