Legal Question in Landlord & Tenant Law in Massachusetts

Re: Is it considered an illegal eviction

You should give her a thirty-day notice to quit. If you give her a proper notice today, it can be legally effective December 31 (although you would have to go to court to enforce it if she refused). However, it will not be a fun and festive holiday season. I would suggest that you find a way to negotiate a peaceful exit no later than January 31. Try kindness over anger. After all, the odds are quite high that girlfriend will have physical custody of the child. When grandma evicts the mother during the holiday season, she usually evicts the grandchild, too. This will be remembered by the mother, who will also make sure the child knows about it.

This is a good time to consider finding peaceful ways to deal with the situation if it is at all possible.

If the girlfriend is violent or threatening toward you, you have the right to seek a "restraining order" under M.G.L. c. 209A (room-mates are also entitled to such orders). Of course, SHE can allege that YOU are violent or threatening. You would be forced out of the home under that order. Yes, this sort of thing DOES occur.

You may want to obtain the assistance of a lawyer.