Legal Question in Landlord & Tenant Law in Massachusetts

Re: eviction

The simple answer: get a lawyer who does evictions.

S/he will want to know how the family member came to be there, whether the person has paid rent or is part of a family unit that paid or is paying rent, if the family member has a drug problem, if the person is a minor and why you want the family member out.

If you are talking about an adult child who refuses to leave, that is a common situation these days.

If you are talking about an adult child who returned and does not want to pay rent or obey rules, that is a common situation.

If you are talking about a minor, that is a whole different ballgame.

If we are dealing with a mentally competent adult (18 or older), you have to send/deliver a written notice to quit at least thirty days before the end of rental period to take effect at the beginning of the next rental period. If there is no rental period, the notice should be at least 30 days before (better to make it 35 or 36 days). There are forms available in legal supply stores, on line at lawguru and other web sites, in software packages on disk and at libraries. It can be sent certified, return receipt, or delivered by a constable (it will cost you about $25) or deputy sheriff.

If the person does not leave, you have to file a complaint for summary process, which is what eviction is called in Mass. law. The form for that is available at the housing court or district court having jurisdiction in your area. It gets complicated at that point, so I recommend a lawyer.