Legal Question in Landlord & Tenant Law in Massachusetts

I am the landlord

I bought this house and have a friend living with me. I MUST evict him because he urinates his bed everynight, doesn't clean up, just makes the wet bed and sleeps on it again! He is disabled but so am I. I have already been to court with the notice of eviction, had him served with the eviction. He now wants a jury trial because he claims HE owns the property.I have a Quit Claim deed showing ownership of the property. How can I get him out of the house I own now. I came home the other day and he had urinated all over my brand new couch!! The smell of his urinating is making me sick I have been staying at a friends house since Nov! I can't even live in my own house due to the smell. He has to go, can I re-evict him again? File a unsanitary motion? A restraining order? Is there anything I can do immediatley to remove him from the property?


Asked on 5/04/08, 2:52 pm

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: I am the landlord

You can't re-evict him if you never evicted him in the first place. You should proceed with your eviction.

As part of your case, you will need to prove that you are the owner of the home (that you have a superior interest in the property to him). That shouldn't be difficult to prove, assuming that you are the true owner.

Given the heartache and frustration you are currently experiencing, and given the fact that your tenant appears to be fighting this eviction, you would be well-advised to hire a Tenant/Landlord attorney in your area.

I wish you the best of luck.

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Answered on 5/05/08, 11:54 am


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