Legal Question in Landlord & Tenant Law in Massachusetts

notice to quit

I am the executrix of my dad's estate. His home is now owned by the estate. When he died I allowed my sister to live in the house without paying rent. There is no lease but she does pay the utilities. The house is now up for sale and she is refusing to leave. She states she is never leaving and is not returning the realtor's calls to set up showings.

Is the proper procedure to send her a ''Notice to Quit'' giving her 30 days. Followed by Summary Process (Eviction) And Complaint Form. Housing court suggests having both served by a constable or sheriff.

Any suggestions appreciated.


Asked on 10/22/07, 10:18 am

2 Answers from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: notice to quit

This is the correct way. However, you may also want to have the estate's lawyer bring this to the attention of the Probate and Family Court. Her interference with an order to sell could constitute contempt.

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Answered on 10/22/07, 10:39 am

Re: notice to quit

Yes, this is the proper way. You might also want the attorney for the estate give her notice that the costs for the eviction may be recouped from her share of the estate as this should be an unnecessary expense.

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Answered on 10/22/07, 11:04 am


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