Legal Question in Family Law in Massachusetts

Re: parent in my home

In essence, your mother is a tenant. You have the right to seek to have her leave by using landlord-tenant process.

However, you mention "issues with anger." If these are such that you are reasonably in fear of physical abuse, you have the right to seek an Abuse Prevention Order (commonly called a "Restraining Order") under MGL c. 209A. This can be issued by any court in Massachusetts, but the two most common courts are Probate and Family Court and District Court. If you are in GOOD FAITH afraid of physical abuse, you should go to the court, fill out the paperwork, and go before the judge.

If you are NOT genuinely in fear that the anger will become physical, you can treat this as a simple landlord-tenant situation. This is a multi-step process. First, you provide her with a Notice to Quit, as it appears that she is a Tenant at Will (unless you have a written lease). The notice to quit requires a minimum of 30 days notice, and must coincide with the end of the "rental period" (usually the last day of the month). If she does not move out, you then seek to evict her using "summary process" in either Housing or District Court.

If your mother has put substantial funds into your house, she may have a claim in equity against you for "unjust enrichment, after she moves out. You may want to consider how much she has put into your house, and prepare to repay her as part of this process.

If you need further advice, please feel free to contact me.

Greg Lee

[email protected]

www.gregleelaw.com

Re: parent in my home

I think that she may be no more than a guest, rather than a tenant. You can ask the police to have her removed.