Legal Question in Landlord & Tenant Law in Massachusetts

Rental property

I have tenants that have signed an agreement with me stating only 2 people can live in the apartment. At least 3 people sleep there almost every night. Does that constitute living there if you sleep there? Is this something that I can ask them to leave over? They are the tenants from hell!! How much can I legally raise the rent (hopefully to get them to leave). Thanks for any help you can provide me.


Asked on 8/08/07, 8:44 am

1 Answer from Attorneys

Re: Rental property

Any tenant is entitled to have overnight guests occaisionally. If you haven rules and regulations under your lease or wish to make some you can do so if that is permitted under your lease.

ssuming you do have the right to issue reasonable rules and regulations You could say that no guest may stay in the apartment for more than two-weeks. And no overnight guests in the aggregate may exceed more than two-weeks in any given month. This is just an example.

If your tenants have boy friends or girl friends or family who stay over on visits or weekends, you can't stop it unless they cause noise that constitutes a nuisance.

Your best bet is to not renew the lease and inform them at least 60 days prior to the end of the lease you will not be renewing the lease and give them a 30-day notice prior to the end of lease.

If they are a month to month tenant, you van give them a 30-day notice to terminate. They can delay the process and eviction is costly.

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Answered on 8/08/07, 12:03 pm


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