Legal Question in Employment Law in Massachusetts

getting my brother out of my home

My brother needed a place to live when he moved back home from another state. We welcomed him and his son, then he got his other son. There is no lease, he has not paid me rent. He was suppose to do work in the house for me for letting him stay there. Now I want him to move and he states that I have to take him to court. He has not paid rent but does have a gas and electric bill in his name for the rooms he has been using. I need to now rent this space because I could be in trouble because of tax increases and refinancing. I feel he did not keep his end of the bargain by doing the work I asked him to do. Is this considered trespassing because I told him I wanted him out July 31st. I have already rented the space to a paying teant. Now he states that I have to follow court proceedings. He does not have a lease or rental agreement. I did this out of the kindness of my heart. I also spent thousands on helping him and kids because they had no money and one son is dysfuncional due to a substance abuse mother. It may sound mean but I could loose my house. I need to know is I can just change the locks on my property on July 31st. I told him what he brought with him is all he can take because I paid for everything else.


Asked on 7/17/07, 2:26 am

3 Answers from Attorneys
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: getting my brother out of my home

Unfortunately, your brother is right. But you have big leverage on him to also sue him for the value of things you've given him and perhaps even back rent, unless it was pledged as free. You need to begin Summary Process proceedings, with a notice to quit.

You will find useful resources here to get the ball rolling. http://www.lawlib.state.ma.us/formsf-l.html#landlord

Don't lock him out. And I would cancel the lease you have in place asap if I were you, in case the brother's still around then (SP can take a while). The longer you wait, the better the chances of creating (or aggravating) a problem with the new prospective tenant who wants to move in.

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Answered on 7/17/07, 4:50 pm
Maurice LaRiviere, Jr. Law Office of Maurice LaRiviere, Jr.

Re: getting my brother out of my home

I agree with Chris Vaughn-Martel. The court to use is housing court.

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Answered on 7/17/07, 5:18 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: getting my brother out of my home

You may want to use formal eviction procedings against your brother.

Perhaps it will not become necessary, but I would begin that process immediately. You should have a Notice to Quit served to your brother immediately, setting the date for him to leave at least 14 days from the date of delivery.

You should try to convince him to leave on his own, and tell him that if you are forced to take him to court, you will be forced to seek the value of services promised to you in lieu of rent.

I would not change the locks on the property - the courts really frown upon self-help eviction. The law of criminal trespass does not apply to people like your brother, who is not a true trespasser.

Please contact me if I can be of any further assistance.

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Answered on 7/17/07, 11:38 am


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