Legal Question in Landlord & Tenant Law in Massachusetts
tenant/landlord
Our landlord had a constable deliver an eviction notice today. We owe no rent and have done no damage. He did not inform us that he was going to do this. He is angry that we have 2 non-working vehicles in our driveway (that we are entitled to use. He says they are abandoned property and can dispose of them. We are trying to sell them. Oh and the eviction notice states no reason for the eviction. He has given us thirty days. Can he do this legally?
3 Answers from Attorneys
Re: tenant/landlord
If you have a lease, he would not appear to have grounds for eviction. If you are a month to month tenant he can try to evict you with proper notice. You can however seek more time from the court and can raise a number of defenses. Ultimately, he will probably be able to terminate your occupancy.
Good Luck.
Re: tenant/landlord
Unless you have a lease the terms of which would control the right to evict, a landlord can evict a tenant at will upon 30 day notice without reason (s).
Retain an attorney to determine if you have defenses or counterclaims to the eviction. Good Luck!
Re: tenant/landlord
As attorney Roth said, assuming that you have a month-to-month tenancy at will, he should be able to terminate the tenancy with one rental period's notice (not less than 30 days).
If you have a lease, then he will need sufficient grounds to break the lease. You may have certain defenses and even counterclaims to his eventual suit for eviction, and you may want to speak with an attorney.
Often, when the right leverage is applied, a tenant can seek further time in the apartment or a cash settlement to move out.
Don't hesitate to contact my office if you have any further questions.
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