Legal Question in Real Estate Law in Massachusetts
Evicting adult relative from rent free apartment
My friend owns a multi-family house. Several years ago when her brother was having some difficulties, she allowed him to move in and live in one of the apartments. She has never charged him rent. He's an adult. He doesn't work. He increasingly ''borrows'' things from her and charges calls to her phone. My friend has asked him to leave repeatedly and he has refused. She and her husband would like to use the space for their growing family. She is willing to work with a lawyer but doesn't know what type of lawyer. Is this a rental problem even though there is no lease? Is this a family law issue? Thank you.
2 Answers from Attorneys
Re: Evicting adult relative from rent free apartment
Your question basically involves who has what right to possession. An owner can enforce its rights to use the land and buildings. The district court holds Summary Process or eviction cases. There are requirements for filing these cases and your friend should talk to a lawyer about getting the eviction.
Re: Evicting adult relative from rent free apartment
Your friend will need to file a Summary Process action in a Housing or District court to evict her brother. She will first need to terminate the tenancy by serving a Notice to Quit prior to filing the Summary Process action. Your friend should consult with a lawyer experienced in the area of Landlord/Tenant law since there are exact procedures which need to be followed in order to regain legal possession of the apartment.
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