14 day notice to quit

I filed a 14 day notice to quit for nonpayment in Mass. Due to a procedural error, housing court asked me to resend the 14 day notice so I did. In the mean time, the tenant sent an answer form, discovery form and Interrogatories questionaire, in response to the 1st notice, but nothing in response to the 2nd notice. Does filing a 2nd notice to quit nullify the previous answer, discovery and interrogatory? I did call housing court but I don't like to rely on them, I have gotten bad info from them before. Housing court claims that the tenant should answer the 2nd notice by Jul20, if he so chooses and that answer should include, discovery and interrogatories. I interpret that to mean, his previous paper work is invalid and that I don't have to repsond. What do you think

Your tenant needs to refile the papers. An answer, interrogatory and discovery forms can only filed on a pending case.

To the last poster: In some states, the tenant is supposed to file these with a pending case, and not wait until the actual case is filed. The OP's state is one of those states.

To the OP: You need some help from local LLs to be sure you follow the procedures exactly. Call a local LL's association or a chapter of REIA in your area. (You can google for a chapter in your area.) If you are not absolutely sure that it is being filed correctly, I urge you to see an eviction (not a RE) attorney. You want an eviction specialist who does only these and who files them for a flat fee rate. One small procedural error and you will have to start from scratch. And remember, in your state, the tenant can avoid eviction by paying the rent and costs anytime before the answer is due. If they do, make sure to note it in their file. A second late payment within 12 months will allow you to file an unconditional quit notice then.

This is the answer I got from my attorney

The first case was dismissed. Therefore pleadings filed pursuant to the first case are pleadings filed pursuant to nothing. If you had never bothered to go back to court after serving a second, presumably correct notice to quit, would he have answered those interrogatories? Of course not. The tenant's interrogatories may all be the same - so you might as well start pulling together that ionformation - but they must be filed in a pending case, not a case that was dismissed. The court lacks the power to enforce discovery after a case has been dismissed.

Looks like you got your answer. All previous paperwork is null. If the tenants don't refile by July 20th, they are out of luck.