Legal Question in Real Estate Law in Massachusetts
30 day notice
In Jan 2002 we rented out our 3rd floor apartment to a couple with a child. On Jan 26th we went over our ''Tenacy at Will'' agreement which outlines rules such as no pets, the utilities, parking spots and especially that no other person besides the couple and child are to reside at the property (without prior consent and that there would be a $100 added to monthly rent for each additional person once approved by us (landlord). The tenants moved in Feb 1st, Over the past month we have suspected the parents of the tenant have moved in. The parents are over day and night and sleeping there. Yesterday we found out that the police conducted a welfare check on the child because of a complaint of the mother using herion. The parents have been using the apartment as there address which to us indicates they are residing there. The tenent is to deliver the rent this evening being the first and we wish to serve them with a 30 day notice for the main reason that other people reside there that were never approved. Are we going ''by the book'' with serving them this notice and asking them to vacate the property by May 1st. What do we need to do after giving them there 30 day notice? Thank you for your help!
1 Answer from Attorneys
Re: 30 day notice
You could serve the tenant with either a 30 day notice to quit for breach of the tenancy at will agreement OR a 30 day notice to quit without specifying any reason (ofter referred to as "no fault" termination). The tenant must receive the Notice to Quit on the first. Ideally, you should have the tenant sign a copy acknowledging receipt or have a witness who could show-up at trial to testify that he/she witnessed the tenant receiving the notice. You must prove at trial that the tenant received the notice at the proper time. After the notice period expires (4/30), you will need to file a Summary Process action in District or Housing court to evict the tenant. Only a judge can order a tenant to vacate the apartment.
As for the Notice type, as stated above you could serve 30 day notice for breach of the lease. One consideration is that you will need to prove at trial that the tenant is violating the tenacy at will agreement. This can be sometimes difficult to prove if the tenants deny that any additional people reside at the unit. If you fail to prove a breach of the lease, the judge will dismiss the case. The second type, no fault, is easier to prove at trial since you do not need a reason to terminate the tenancy. The drawback with this is that the tenant can ask the judge for up to 6 months to find another apartment. The tenant must pay rent during the interim period. The only other option is to attempt to evict the tenant if they are selling or keeping illegal drugs in the apartment. You should check with the police to see if they ever took any type of report or found illegal drugs in the unit.
I would strongly suggest you hire an attorney to assist you since the law is very specific and a minor mistake can lead to the case being dismissed.
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