Motion to Dismiss

Motion to Dismiss Samples

• Varney Failure to Bring Action By Attorney

• Hatcher Lack of Standing

• Tenancy at Will Not Properly Terminated - Excluding Non-Payment Cases

• Insufficient Time to Vacate from Receipt - Non-Payment Case

• Cure Rights Contradicted by Anti-Waiver Language

• Misleading Notice (Other Than Cure Rights)

• Notice Vague

• Wrong or Insufficient Address

• Lease and Subsidy Requirements

• Failure to Comply with Section 8 Subsidy Requirements

• Section 8, Not Terminated at End of Term

• Section 8, Rent for Which Tenant Not Liable

• State Public Housing

• Federal Public Housing

• No Agreement to Rent Increase

• Non-Rent Charges

• Rent Paid or Tendered, or Timely Cure

• Cure Waived Prior Notice to Quit

• Grounds Not Stated in Notice to Quit

• Reinstatement of Tenancy

• Breach of Prior Tenancy

• No Notice Received

• Failure to Terminate All Tenancies

• Action Prematurely Commenced

• Premature Commencement Based on NTQ Service

• Summons and Complaint Not Timely Filed or Served

• Ducker 90-Day Notice Required

• CARES Act

• Failure to Serve and File Forms Required Under G.L. c. 186, § 31