Summary Process Agreement for Judgment – Massachusetts Courts

This form, titled “Summary Process Agreement for Judgment,” is utilized within the Housing Court Department of the Commonwealth of Massachusetts to outline and formalize an agreement between a landlord (plaintiff) and a tenant (defendant) regarding disputes over rent, possession of property, and other related matters. Summary Process Agreement for Judgment serves as a binding resolution to their case once approved by a judge.

The summary Process Agreement for Judgment form is used to document a mutually agreed-upon resolution to disputes involving rent and possession between landlords and tenants. Once signed and approved, it serves as a legally binding court order that both parties must follow. The form ensures that all terms are clearly stated, agreed upon, and enforceable by the court.

Parties are advised to consult the Housing Specialist if any questions arise regarding the agreement, as signing the form waives the right to a hearing before a judge.

Follow these instructions to correctly fill out the form:

1. Court Information

• County: Select the appropriate county.
• Housing Court Division: Select the court division handling the case.
• Case #: Enter the case number assigned by the court.

2. Parties Involved

• Plaintiff/Landlord: Write the name of the landlord or property owner.
• Defendant/Tenant: Write the name of the tenant.

3. Agreement Details

• Agreed Rent
  • Checkbox: If applicable, check the box indicating an agreed-upon rent amount.
  • Amount: Enter the monthly rent amount agreed upon by both parties.
• Tenant Owes
  • Checkbox: If applicable, check the box indicating the amount the tenant owes.
  • Amount: Enter the total rent owed by the tenant.
  • Period: Specify the period for which the rent is owed (start and end dates).
  • Year: Enter the year for the specified period.
• Rent Reduction
  • Checkbox: If applicable, check the box for any rent reduction.
  • Amount: Enter the amount reduced due to the tenant’s claims.
  • New Total: Calculate and enter the new total amount owed after reduction.
• Judgment for Possession and Amount
  • Checkbox: Check the box indicating whether judgment is for the landlord or tenant.
  • Amount: Enter the judgment amount.
  • Date: Specify the date of judgment.
  • Costs: Enter any additional costs awarded.
• Landlord Repairs
  • Checkbox: If applicable, check the box indicating required repairs.
  • Details: List the repairs the landlord agrees to make and the schedule for these repairs.
• Additional Agreements
  • Checkbox: If applicable, check the box for any further agreements.
  • Details: Specify any additional agreements between the parties.

4. Compliance and Enforcement

• Failure to Comply
  • Checkbox: If applicable, check the box for procedures in case of non-compliance.
• Tenant Agrees to Vacate
  • Checkbox: If applicable, check the box if the tenant agrees to vacate.
  • Date: Enter the date by which the tenant agrees to vacate.
  • Year: Enter the year.
• Case Dismissal and Tenancy Reinstatement
  • Checkbox: If applicable, check the box for conditions of case dismissal.
  • Date: Enter the date the case will be dismissed if conditions are met.
• Review Hearing
  • Checkbox: If applicable, check the box for a scheduled review hearing.
  • Date and Time: Specify the date and time for the review hearing.

5. Signatures and Approval

• Landlord: The landlord signs and dates the form.
• Tenant: The tenant signs and dates the form.
• Plaintiff’s Attorney: The landlord’s attorney signs and dates the form.
• Defendant’s Attorney: The tenant’s attorney signs and dates the form.
• Judge: The judge signs and dates the form upon approval.
• Housing Specialist: The Housing Specialist signs and dates the form if consulted.

6. Distribution

• Copies Given/Mailed: Indicate whether copies of the form were given or mailed to the parties.
• Date: Enter the date copies were distributed.

Important Considerations

• Consultation: Parties are advised to consult with the Housing Specialist if there are any questions about the agreement.
• Waiver of Hearing: By signing this agreement, parties waive their right to a hearing before a judge.

Note: Ensure all required sections are filled out completely and accurately. Once signed and approved, this agreement becomes a court order that both parties are legally required to follow.