Legal Question in Landlord & Tenant Law in Massachusetts

My Rights if Landlord Evicts Me

I am a single mother with 2 children ages 13 & 11. I also have 3 small dogs. Landlord lives in 2 family with his wife. Landlord okayed dogs prior to moving in and has been pretty good up until the point where he's repeatedly asked me to dinner, weekend trips, etc behavior as a ''paramour''. Upon saying NO for the ''nth'' time, landlord has been commenting that now dogs and children are bothersome. My lease is up in 2 months. I've been model tenant all the time, even performing small repair/paint jobs prior to his insistence on developing a personal relationship. I cannot afford to move within the next 2 months. Although he has not formally said anything yet- I worry that his subtle hints about noise lately may turn into an eviction. How long can I stay on in order to find suitable other rental should he serve me notice to quit or raise the rent exorbitantly?


Asked on 1/30/06, 4:24 pm

1 Answer from Attorneys

Re: My Rights if Landlord Evicts Me

If your landlord attempts to evict you there are a number of ways to defend against this type of action.

First, read your lease and determine if you have the right to extend or if either the Landlord or you is required to give notice of intent to re-new.

Second, he can't refuse to lease to you on the basis of your children. That is illegal. The dogs are a different issue, but since he permitted them in the past his ability to force you to get rid of them is more difficult.

If he gives you a notice to quit he has to follow the law. He will have to file suit and you are entitled to take discovery and can ask for up to six months to move.

You may also have an action for sexual harrassment as a counterclaim. I would suggest that you start looking for a new apartment as this is not a good situation even if you can stay for a while.

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Answered on 1/30/06, 5:22 pm


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