Legal Question in Real Estate Law in Massachusetts

Renting house to family member- what are the laws
I rented my home to my daughter, her husband and her 5 children.
I lived there prior to her
getting married and she was brought up in the house. She has had her husband move out about 7 years ago and moved her boyfriend in. She pays the rent, he does not pay anything. He is physically, and mentally abusive to her and the kids and she won't make him leave. Do I have the right as the mother and landlady to make him leave? Or is ther anything at all that I can do?

Asked on 7/12/99, 1:21 pm

2 Answers from Attorneys

Stuart Williams

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Re: Renting house to family member- the laws

Based on what you wrote, my offhand opinion is this:

The first and simplest step to take is to evict him. If there's no lease, you can give the proper & correct notice in the proper format and evict him with 1 calendar month's notice (assuming rent is paid on the first of the month each month). If there is a lease, when does it end? Proper procedure and a perfect notice are absolutely key to an eviction.

There are obvious problems and risks to various people involved in evicting him, and I'm not sure if you fear abuse yourself, but it would seem a pity to do nothing at all.

There are other options as well, i.e., going to court to protect the children in spite of your daughter's inaction.

I'd like to help. You may write me to me directly at [email protected] and include your name, address and phone number and then I might have more specific advice for you.

Answered on 7/15/99, 4:48 pm

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