Notice of Missed Payment During COVID-19 Eviction Moratorium
The Massachusetts Eviction Moratorium forbids landlords from issuing an ordinary notice to quit for nonpayment. On April 24, 2020, the Executive Office of Housing and Economic Development published regulations that tell us what kind of notice we can issue. This notice is a “COVID-19 Notice of Missed Payment.”
How to Use The COVID-19 Notice of Missed Payment
Read the regulations first.
The notice contains language legally mandated to be on the first page. Do not edit the form such that anything is changed starting with the words “THIS IS NOT A NOTICE TO QUIT” and ending with the words “increase in expenses due to COVID-19.” In other words, do not touch or move the final three paragraphs. These paragraphs must remain verbatim on the first page of the notice.
For each unit receiving notice, use the Find My Legislator link to fill in information about that household’s Representative and Senator. You may wish to create different templates for your own internal use for each building address, so that this information is already filled in for each unit each month. This political recommendation comes from the MassLandlords policy team. We are trying to get support for a landlord tenant guarantee surety bond bill. This advocacy is allowed under 400 CMR 5.03, “The notice may also include other information that will promote the prompt and non-judicial resolution of such matters.”
Send this form to each late household each month regardless of the reason for nonpayment.
Can I send this notice for April, May, or any timeframe?
Yes, you can send this notice for any missed payment since March 10, 2020, the start of the state of emergency.
How to Deliver the COVID-19 Notice of Missed Payment
This notice has no legal utility in eviction proceedings should you wish to bring an eviction after the moratorium ends. The recommendation is to keep a personal log showing the time and manner of delivery. You can mail or email the form or post it to their door.
The back side of the form is significant if you know your renters are not proficient in English. You must encourage your renters to get the document translated. Roughly half of the translations on the back are Google translate, which is to say, untrustworthy.
If you speak a language that we have mistranslated on the back of this form, please tell us the correct typography by emailing firstname.lastname@example.org. We will issue a corrected revision.
- Replaced the word “otherwise” with “In the absence of state assistance” to reduce the likelihood of an Attorney General inquiry. If the Attorney General inquires with you about the use of this form, contact us at email@example.com immediately.
- First published version.
- v1 through v2
- Internal revisions.