Legal Question in Real Estate Law in Massachusetts

Tenant Rights

Is a tenant allowed 30 days to remove all personal belongings from an apt that they move out of?


Asked on 8/16/00, 11:34 pm

1 Answer from Attorneys

Re: Tenant Rights

If the tenant has apparently abandoned the premises, I know of no such rule, but the landlord has to pay to move the stuff to storage and pay for the storage company's minimum, usually a month, and is responsible for the stuff (hence a sheriff or a wise landlord gets a mover / storage company that is BONDED (insured)).

The landlord had better be real sure the tenant has abandoned the stuff to use that method. There are both criminal and civil penalties for a landlord who "evicts" a tenant without use of a court order; if the tenant comes back and denies having moved out, the landlord's goose is cooked, if you'll pardon the technical legal jargon.

The best way to do all this is to serve a Notice to Quit, then serve a Summons and Complaint, file them both, show up to win the default, etc. to get a court order, then hire a constable or sheriff to take care of the eviction. HE uses a mover and storage company and gets a better price than you would.

Whether you are the tenant or landlord, you can call me or e-mail me for more or improved advice.

Good luck.

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Answered on 9/22/00, 4:24 pm


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