Legal Question in Real Estate Law in Massachusetts

Re: What are our rights when dealing with a tenant whose a family member

You would first need to give the tenants a notice to quit which would terminate their tenancy. The time period on the notice would depend on the type of tenancy involved. Generally, you would serve a 30 day notice to quit on last day of the month to terminate the tenance at the end of the next month (i.e., 11/30 to terminate 12/31). Next, you would complete a Summary Process Summons and Complaint and serve a copy on the tenant and file with the Housing or District Court. You would show up at the hearing in front of the judge to determine possession of the apartment. In some cases, the judge has discretion to allow the tenant to stay while they look for another apartment. The judge would order the tenant to pay rent. I would suggest you hire an experienced attorney to represent you since there are very technical rules which must be followed or your case will be dismissed and you will be forced to start all over.