Legal Question in Landlord & Tenant Law in Massachusetts

Creating a LL/Tenant Scenario

I have been living with someone for a few years. Our relationship has ended but she won't leave. She has not paid anything but her personal bills for the entire time she has been here. She knows I am planning on changing the locks since it is the only way to get her out. Today she left a check and wrote on the memo line ''for rent and utilities''. I think she is trying to create a LL/tenant scenario by doing this as I am the legal homeowner, thereby giving herself tenant rights. It this even possible? Does this check obligate me in anyway? I am not accepting or cashing it. Can I mark it as void or shred it?


Asked on 11/05/06, 2:29 pm

2 Answers from Attorneys

Re: Creating a LL/Tenant Scenario

I would mark the check void and returned and copy it. Then give it back to her.

I am assuming you never supported this person and never entered into a co-habitation agreement. I would also assume you owned the home before she moved in with you and it was never your intent to give her any rights in your property.

I would also tell her she has 30 days to find a new home.

You might want to go the Mass trial law libraries on the web and look at the landlord tenant material as a guide for your situation as you go through this as well as co-habitation issues.

If you have more questions, please feel free to contact me.

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Answered on 11/06/06, 10:06 am
Dmitry Lev The Lev Law Firm

Re: Creating a LL/Tenant Scenario

I would venture to say that she is a guest that is being uninvited, which makes her a tresspasser. You may call the police and have her removed or even arrested.

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Answered on 11/09/06, 11:58 pm


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