Legal Question in Real Estate Law in Massachusetts

Re: Eviction of Room Mate sharing my house.

PART ONE of TWO.

You, like any landlord of residential premises, are

required to follow the law. Even though she's your

roommate, you are considered a landlord under the law

and she is your tenant. There are a couple wrinkles

for your case, but not ones that matter at this point.

It's too bad you missed the

November 1st deadline for a proper notice, but in order

to evict you must give a legally proper notice 30 days

in advance of a rent due date. Your next "deadline"

is December 2nd (for departure 1 Jan 2000).

To answer your questions,

Q1) can i remove the items in the bathroom & kitchen

to a box and put them in her room?

A: No. You simply may not enter her room.

Furthermore, you set yourself up for some additonal trouble

unnecessarily; work around the few items in the bathroom

and the space in one cupboard if you can bear it!

Q2: can i enter her room?

A: Besides CRIMINAL (jail time) consequences under

two statutes, there are serious civil penalties, i.e.,

the right to stay 3 to 4 months in your place beyond

the termination of tenancy without even paying rent,

and potentially another 6 months or more if she chooses

to start paying again afterwards.

Q: how do i evict her?

A: I'll assume that there's no lease and that she pays

you rent due on the first of each month. I'll assume also

that she paid her November rent already. I'll also assume

(though probably not true) that there are no code violations

in your place that she may choose to complain about in

writing or by calling in an inspector before the end of the

year.

CONTINUED!!

Re: Eviction of Room Mate sharing my house.

PART TWO of TWO.

The process starts with you giving her (personally)

a dated and otherwise correctly worded "notice to quit"

that doesn't "screw up" any of several possible things:

the date on which you want her to leave, the reason(s) *

** very important that, if specified,

it be correct, legal,

and irrefutable -- pay a lawyer for this

part!

Then, if she doesn't move out on the date you've

specified, you start the "summary process" (eviction)

process. After the move-out date, you go to court

for some forms (or your lawyer will have them), fill

them in correctly (with help from lawyer or, if you

trust them, a court clerk), have the "Summons" 'served'

by a licensed sheriff or constable on your roommate,

and wait for the trial date (usually about the third

Thursday of the month). If you win, you get the right

(after about 10 days) to have her evicted under court

order by a licensed sheriff.

This puts you into the 5th or 6th week after the

move-out date. It's a long stretch, but if you

try to shortcut it, there's a 6 month penalty for

"self-help" evicting your tenant.

Note that making any threats (of physical harm or violence, for

example) or actually getting physical can set you back 6 months

or put you in jail. Patience is the key. On another hand, if your

tenant asks you what happens if she isn't out by move-out date,

I wouldn't volunteer "nothing; I wait a little longer, then I file

suit and wait some more, then ...".

Be careful not to accept rent for the month she's supposed to be

out (even if she's not) without a lawyer's specific advice (on how

to endorse the check or on whether or not you should

accept it at all) and do not accept cash in any case (and I hope

you haven't been doing that to date and giving her receipts for

cash!).

That about covers it. Good luck. Contact me directly if you like;

if I don't take you as a client myself,

I may be able to find you a lawyer close to you.

THE END!