Legal Question in Landlord & Tenant Law in Massachusetts

family dispute

How can my 79 year old mother make her alcoholic 57 year old son move out of her house ? The last time the police came [because of his drinking] they said it was his legal residence and they could not force him to leave.


Asked on 11/04/08, 6:15 pm

2 Answers from Attorneys

Re: family dispute

Some more information is required. Who owns the home? Is the son a physical threat to his mother?

If the answer to these two questions is:

She is sole owner of the home and he is a physical threat to her, she can seek a protective order requiring him to vacate the premises.

If she owns the home and he is not a physical threat and does not have a lease to occupy the home and does not pay her money to stay there, then she can seek his removal by court action through a trespass complaint.

If is paying her or he does have a lease, then she can evict him.

If he owns the home either as tenant in common or simply owns the home, then she cannot get rid of him by eviciton and things become much more complicated.

good luck.

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Answered on 11/04/08, 6:35 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: family dispute

Assuming that she owns the house and really wants her out, she can use landlord-tenant process to require him to move.

If he is physically abusive, the Abuse Prevention Act allows her to get an abuse prevention order {"restraining order"). The fact that the police did not assist yo9ur mother in doing so suggests that she did not state that he was abusing her, or putting her in fear of abuse.

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Answered on 11/05/08, 7:19 am


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