As we have seen for several years now, the COVID-19 pandemic has changed the process for landlords to evict nonpaying tenants. This is why keeping up with the everchanging forms and rules is crucial to starting off an eviction process correctly. In 2020 and as amended in 2021 by the Massachusetts State Legislature, the “Attestation Form” became a mandatory attachment to the Notice to Quit for nonpayment of rent. This form required the landlord to clarify if the unit was a “covered dwelling” under the CARES Act, and if it was, additional notice may be required to be given by the landlord to the tenant. The landlord was also required to provide any agreements with the tenant about repayment of overdue rent. Finally, the form included information about rental assistance, Massachusetts Court Rules on evictions, and it was mandatory to file this form with the Executive Office of Housing and Economic Development.
As of April 1, 2023, there has been a new form implemented and landlords must now provide an “Accompanying Form” with a Notice to Quit for nonpayment of rent. This form is in replacement of the previous “Attestation Form” and contains essentially the same content as the previous form, however, this form does not need to be filed with the Executive Office of Housing and Economic Development. Additionally, this form does not require the landlord to state whether the unit is a “covered dwelling” under the CARES Act, but they still must disclose any agreements with the tenant about repayment of overdue rent. Information concerning Federal restrictions on residential evictions under the CARES Act can now be found at the end of the form which is available for download online.
As a Massachusetts landlord, keeping up with the changes in landlord tenant law can be an unnerving and tedious task. The Law office of John H. Prettyman is committed to providing its’ clients with exceptional representation by staying up to date in the complicated world of landlord tenant law.
Authored with the assistance of Emily Adams, Candidate for Juris Doctor, 2025