Legal Question in Landlord & Tenant Law in Massachusetts

I am a landlord in the state of Mass. I have a tenant who never signed a lease nor a tenant at will. She has not paid rent as of this Sunday August, 1 in three months and she never gave us the rest of the security deposit. We served her a 14 day notice to quit and now it is up. Now I have to have her served by a constipable. I need to know what my rights are as far as this situation. To me she is trespassing because there is no signed documents stating she is living there. She will not come to the door nor answer any calls. She will not let us in. What can I do before I loose my house over this?


Asked on 7/28/10, 6:43 pm

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

Assuming that you properly served your tenant with an appropriate notice to quit, you will need to file a Summary Process Complaint in your local Housing Court or District Court. Do not attempt to get rid of the tenant yourself - - that is illegal. I may be able to assist you on terms that are agreeable to you.

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Answered on 8/02/10, 6:54 pm
Joseph Murray Joseph M. Murray, Esq.

Retain an attorney to determine if you served your tenant with a proper notice to quit that would entitle you to file a Summary Process action in Housing or District Court. Self help evictions are illegal and will worsen your plight. So retain an attorney. Good Luck!

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Answered on 8/06/10, 1:03 pm


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