Legal Question in Family Law in Massachusetts

Re: Eviction of Adult child

If your son is physically abusive or tplacing you or anyone else in reasonable fear of physical abuse, a restraining order should be sought. This can be obtained in any court of the Commonwealth (if possible, though, use the Probate and Family Court, which is sensitive to family issues). M.G.L. c. 209A applies to all household members, not just significant others. This would be the fastest way to remove him, and would also create a criminally enforceable order limiting contact. There is no filing fee for an Abuse Prevention action.

If he is not paying rent, and has never been a "tenant" in the formal sense, you may want to simply give him a date in writing after which he will be deemed a trespasser, and action sought to require him to leave. You would then treat him as a trespasser, getting the police to talk him out. This may be the second-fastest way to get him out. Some judges might decide that he was not a trespasser, however, and dismiss any charges.

A third option is to treat him as a tenant and to seek a formal eviction. This would start with a notice to quit, and then result in a court process. The process would take more time, be more costly -- and might cause a situation requiring that you get an abuse prevention order as discussed above. There will be a filing fee for the eventual "summary process" action.

Finally, you might want to file a simple equity action in Probate and Family Court, which is equipped to handle these matters, asking that the court require him to leave. There would be a filing fee.