In Ma. I sent Notice to Quit today, can I do small claims now and not evict?

[saxyartsy]

If I don't file with the court (i can in 7-30 days from it being sent...i think)
can I still go after this months rent.

I'd like to stick something to these people.

How????

I'm not sure I understand the question. The tenants didn't pay rent. You sent them out a Pay or Quit notice. How long of a notice? In MA, either the length of the notice is set within the lease itself or it has to be a 14 day notice.

But now you don't want to follow through with eviction. You want to pursue them, instead, in small claims court for just the rent owed. Why would you want to allow them to continue to live there if they haven't paid the rent?

I guess the answer is that you can sue in small claims court at any time once a debt has been established and a person fails to pay it. By giving them a pay or quit notice you have established a deadline for them to pay. I would wait until it expires, then take either action. But why would you want them to remain there?