Legal Question in Family Law in Massachusetts
I live with my two sons. My elder son does not pay rent. He contributes nothing to the house, bills, utilities, etc. I own the house out-right. His name is not on any documents legally tying him to the house. We share no ownership on any property. I provided him with verbal stipulations for living in the house, none of which he has complied with. When I ask him to comply, he responds with verbal abuse, insults, and sometimes threats of violence. I do not want to place a restraining order on him. However, I want him to move out of my house. When I told him to get out, he told me no. Due to the fact that this is not a Landlord/Tenant relationship, what are my options and how do I proceed from here so that I am legally able to have him removed?
1 Answer from Attorneys
I am sorry to hear that you are going through this.
If you own the property, and he is living there with your permission, then the best way to make sure he is removed from the property is to commence the eviction process. Once you have given permission to a person to lawfully reside in a property, you will probably face difficulty convincing a police officer or court that a 'trespass' has occurred.
If you are in fear of physical violence, you may want to consider obtaining a restraining order, but I would not suggest using the restraining order process as a substitute for eviction.
Our office handles tenant-landlord situations, as well as family law and abuse prevention matters, and would be happy to assist you. Give us a call at 617-357-4898.
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