Legal Question in Landlord & Tenant Law in Massachusetts

My girlfriend and I rent an apartment. Now that she is in rehab my landlord threatens me and our 2yr. old daughter with eviction. He says because I didn't sign the rental agreement that he can treat me and our daughter as vagrants. We were together when we looked at the apt. and I'm not sure why we didn't both sign it. He has taken the rent from me for a year and a half. He says he can legally remove us instantly and throw us out. we are 7 days late on paying rent and in three more days he threatens to clean out the apartment. I don't want to be homeless with a 2yr. old girl. Please help.

can he evict us like vagrants if we are not on the rental agreement?


Asked on 4/07/12, 6:48 pm

2 Answers from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

I'm sorry to hear about this.

You are certainly not vagrants, and wouldn't be even if there were such a legal status! If your landlord wants to remove you, he or she will need to serve you with a proper notice to quit and then commence eviction proceedings against you. You may have a defense to eviction based on the fact that the landlord knew you would be living there, but it won't matter if you are not paying rent.

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Answered on 4/08/12, 5:14 am

Mr. Vaughn-Martel is absolutely correct. He has to evict you by court order, if he attempts to remove your things he will be liable for significant damages.

You do need to pay the rent, but the landlord is not entitled to self-help.

Good luck.

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Answered on 4/08/12, 9:47 am


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