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Q: I have a one year lease to rent an apartment which runs until August 31. When I signed the lease, I paid the first and last month's rent. In December, the rent was paid on time, but my landlord claimed it was late and harassed me by banging on my door early one Saturday morning and yelling at me. Upset with my treatment, I sent a letter at the end of December, asking the landlord to let me out of the lease at the end of January. A week after my letter was delivered, my landlord changed the locks to force me to move immediately. The police ordered him to unlock the door to allow me to get my belongings. What are my rights? A: Self-help evictions are not allowed under Massachusetts law. A tenant can be evicted without the tenant's agreement only by going to court in what is called a "summary process" action. You can claim damages caused by the self help eviction. Damages include moving costs, higher rent on another apartment, the value of possessions lost when you were locked out and return of the balance of the last month's rent or security deposit. Under the Consumer Protection Act, Chapter 9~A, you may be able to claim damages for emotional distress. Send a claim letter 30 days before asserting this claim. By statute, the minimum damages to which you are entitled is three month's rent. You can pursue a claim of up to $2,000 in small claims court. Massachusetts law also authorizes criminal sanctions in the form of a fine of between $25 and $300 or by imprisonment for up to six months. In order to evict a tenant for non-payment of rent, the landlord must first give a "14 day notice to quit." Even if a notice to quit has been given by the landlord, a tenant who has a lease can correct the problem by paying all back rent with interest and the cost of filing suit. The payment must be made no later than the day an answer is due in the eviction suit. Where there is no lease, but only a tenancy at will, the tenant must pay within 10 days after the notice to quit is received, except if another notice to quit was given within the past 12 months. In addition, if the notice to quit does not explain the right of the tenant at will to cure the problem, the time to correct the problem is extended until an answer is due.
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