Legal Question in Landlord & Tenant Law in Massachusetts

Re: eviction of tenant with lease

First, are you sure the lease has not expired on its terms. If it is the first year of the lease and has not come close enough to the end that you were to have notified the landlord if you were going to renew the lease and failed to do so, and you have had no notice of any breach of the lease, then the landlord has to give you the notice in the lease. There may also be a clause that allows eviction on sale of the property. Without reading the entire lease, I can't answer the question with any certitude.

Another possibility is that the landlord does not like renting to people with children.

If your story is true and correct, you can sue him for breach of the lease, and may have a discrimination case also.

You may be entitled to 3 months' rent as damages, and if you send him a consumer protection letter, certified return receipt, "pursuant to the provisions of Mass. General Laws c. 93A" explaining what your complaints are and what you want for compensation, if the landlord fails to respond or responds unsatisfactorily, you may be entitled to double or treble damages and legal fees and costs.

An eviction begins with a written notice by the landlord or his attorney. If the tenant is not out by the end of the notice period, the landlord has to go to court for "summary process," where you can raise these issues as a defense and counterclaim. Keep in mind, in almost all MA cities and towns, a landlord can evict a tenant without cause on proper notice. You may be protected by your lease until it ends, but you will have to move then. If the rent is current, and a landlord evicts you properly, the judge can allow you up to 6 months to move. although getting all 6 months is rare.

I can provide further assistance for a fee, and a copy of the lease. 508 755 1538 fax 508 519 2682

Re: eviction of tenant with lease

Retain an attorney to review the entire lease to determine whether this is a valid notice to quit because it is perhaps within 30 days of the termination of the one year lease. If it is an invalid notice to quit because the lease has several months remaining it may be an illegal attempt to evict you before your child is born which may give rise to a discrimination against renting to tenants with children which is a consumer protection violation that may entitle you to sue for double or treble damages and attorney fees. Good Luck!