Brown v. Perkins

DISSENTING OPINION

Coven, J.

The Majority Opinion, in discounting the Tenant’s argument that the February 2,2001 commencement of this summary process action was premature, relies upon Currier v. Barker, 68 Mass. (2 Gray) 224 (1854). The Majority correctly notes that a notice to quit is both “technical” and fixes three rights; i.e., the notice to quit “fixes a time at which the tenant is hound to quit, and the [time] the landlord has a right to enter, and a time at which the rent terminates.” Id. at 227. The Majority also correctly notes the statement in Currier that the fixation of the time at…