Legal Question in Landlord & Tenant Law in Massachusetts

Unwanted cohabitant

I currently reside with my son's father, who is not on my lease- the relationship is not working and I want him out! What is my legal right? Do I have to take him to court and have him evicted?


Asked on 8/03/07, 12:46 pm

1 Answer from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: Unwanted cohabitant

My answer assumes that you have already discussed this with him, and he is not being cooperative. If that assumption is wrong, you should start by talking, if you have no fear of resultant abuse.

If you are accepting any form of rent from him, you are a landlord. Ideally, you should give him proper notice to quit, as if you are a landlord. This is a 30-day notice, usually made applicable to the end of the month.

If you accept no rent, he is a guest, and should leave when asked. If he will not leave, you can advise him in writing that he is a trespasser.

If he is refusing to leave, and is threatening or committing abuse as defined under M.G.L. c. 209A (threats of violence or forced sexual conduct, or actual violence or forced sexual conduct), the police can be called, or you can seek a n abuse prevention order on your own.

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Answered on 8/06/07, 2:17 pm


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