Legal Question in Landlord & Tenant Law in Massachusetts

being evicted

I live in a low income housing complex.I have been to court 2 times because the landlord wants to evict me first was because my sond and their friends opened a locked door.second was because I (mom) got blamed for throwing a bottle at a tenants door (i didnt even do it) I was put on a probation period I have been on it for 8 months with no problems till now..now she is taking me back to court for things like my kids being too loud while walking through the halls to visit their friends, and for my children playing ball with a bunch of other kids in the parking lot. people go to the office and complain but I am never informed about the things till I get a notice to go to court and the manangement said the kids could play ball there to me two times before this now she says they cant. I have 6 children and live in a small apartment so when my kids come home from school and bring friends there are alot of kids around my door but I am not the only one who lives on this floor and my neighbors kids also play loudly in the halls and they blam my children can they really evict me and my kids for playing? and it is always during the day my kids are in nthe house at night i really need help with this I will be going to court this week


Asked on 9/12/05, 7:46 am

1 Answer from Attorneys
Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: being evicted

You really need a lawyer, since what you should have done was something called "discovery," where you ask the landlord to give you in advance the evidence he is going to present, and you have a chance to ask about other tenants being treated the way you are.

All tenants are entitled to "quiet enjoyment," and if other tenants or their children seriously and persistently disrupt the others' quiet enjoyment, the landlord has to do something, up to and including eviction.

You can try to find other tenants willing to go to court and testify that other children or tenants are doing the same kinds of things. Obviously, if a bunch of kids are playing ball, unless they are all yours, other tenants' children are also involved and not being evicted.

If your case is in the Marlboro District Court, you could have transferred it to the Housing Court in Worcester, although the present chief judge is not as tenant-oriented as the previous judge. Mediation might result in a second chance. From what you said, the new complaints are not the same as the old ones, although the implication is that you do not control your children for most of the complaints. If you cannot find or afford a lawyer, you may want to try http://www.masslegalhelp.org/docs/13-Evictions-FINAL2.pdf . You will need the PDF reader available free online. (Adobe)

Read more
Answered on 9/12/05, 9:22 am


Related Questions & Answers

More Landlord & Tenants questions and answers in Massachusetts