Legal Question in Real Estate Law in Massachusetts

Re: tenance at will eviction

Is the property in Mass. or RI? I'll tell you about

Mass. law.

To actually evict, even in a tenancy at will, you MUST

use the court process. Eviction without use of the court

process is a CRIMINAL act in this state AND carries

substantial civil penalties.

It is possible to start the process with a letter you write

yourself but it is risky. In order to get anywhere using the

court process, your "notice to quit" (the letter you give the

tenant) must meet specific legal requirements which are a bit

tricky. Many constables have form letters. They come in two

varieties: a 14-day notice for missing / late rent, which

allows the tenant to pay up within 10 days and then to stay,

or a 30-day notices which give no reason or have a different

reason, but are trickier to get right). A lawyer will get it

right and should be used for this if possible. If you or the

constable you use to serve it makes a mistake, it often means

that your eviction procedure must be restarted some

2-1/2 months after you start it wrong.

(The constable will deliver the

notice to quit, to the tenant, and will provide

virtually unassailable evidence for possible

use in court later if it's needed.)

In summary: if you're willing to have them stay if they

pay up timely, use at least a competent and experienced constable,

and if you just want them out, use a lawyer (who by the way will

use a constable that he's experienced with).

I'm a good lawyer for any place within 50 miles of

Boston, but not Rhode Island. I have an associate in

Taunton, if that's close, and could probably find for

you (by asking around) other lawyers for other parts

of Mass. if you need a referral.

I also know a good lawyer in Providence, though I don't

know RI law mysef.