Legal Question in Real Estate Law in Massachusetts

Eviction

1st agreement states: tenant pays 766.66 for 2 months & vacates,in the middle of 3rd month tenant sends landlord 166.66.(tenant did not pay rent ,went to court again)2nd agreement states origional agreement stays in effect but that tenant stays another month & pays ''Use & Occupancy''.If the amount for Use & Occupancy is stated for July & August but not for September can i incrrease the rent?


Asked on 7/19/01, 4:54 pm

1 Answer from Attorneys
Robert Trant Law Office of Robert R. Trant

Re: Eviction

I assume that based on the 2nd agreement the tenant should have vacated by the end of August. Most agreements will have a clause which allows the landlord to go back to court and ask the court to issue the Execution which will allow the landlord to hire a constable and movers to remove the tenant. If you offer to let the tenant stay for September at a higher rent and the tenant accepts you probably would be creating a NEW tenancy. You would then need to go back and start the whole process again if you wanted to evict the tenant at a later date. If you really want the tenant out, you should go back and ask the Court to issue the Execution since the tenant has violated the agreement.

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Answered on 7/20/01, 8:29 am


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