Legal Question in Landlord & Tenant Law in Massachusetts
bounced check
I received a check for $2700.00 in November and have not been able to resubmit it because of non suffient funds
it was for first last and security for an small apartment in the lower floor of my home. She has since told me she would not move out I would have to evict her. Can I remove the refrigerator, Which is mine? Can I press charges against her for the bounced check? Can I refuse to let her park in my driveway?
2 Answers from Attorneys
Re: bounced check
You can't take out the refrigerator, You can't stop her from using the driveway if that was part of the lease/rental agreement.
You can give her a 14 day notice to evict. Then file an eviction complaint in District Court or housing court.
You can go to the police about the bounced check and swear out a complaint after speaking with them about what is required to do so.
Re: bounced check
The tenant is correct in that you would have to properly evict her with either a 14 day or 30 day notice to quit. There are different reasons for doing each.
If there is a lease then the lease would be controlling in regards to the driveway and refrigerator. If there is no lease or those things are not listed in the lease then you may do so provided you give her proper notice.
You can file criminal charges against her for uttering the bad check.
If you have any questions please do not hesitate to contact me.