Legal Question in Real Estate Law in Massachusetts

Worried about tenant; don't want to get stuck.

I have a tenant in the basement apartment of my home. She has be slightly late often in her rent, and the problem is getting worse. She is now recieving disability from a problem with her arm that is interfereing with her work. Last month I wrote her a letter saying that the lateness was becoming a problem, and that the rent was due on the 1st of the month. She gave me a check, but the check bounced. I called her to tell her that the check bounced on Friday, the 25th. She said she knew, and would write another. The then said that she had fallen the previous Tues. on ice outside the house, was on crutches, and couldn't work because of it. It was an icy day, but we hire people to shovel and plow, and no one else in the building had a problem. What should I do? Her lease is up on 9/1/02. Thanks for any help you can give me.


Asked on 1/29/02, 3:29 pm

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

Re: Worried about tenant; don't want to get stuck.

You could file an eviction action against the tenant to terminate the lease and recover possession of the apartment. The first step is to serve a 14 Day Notice to Quit for non payment of rent. Once the Notice period has run, you can file a Summary Process action against the tenant. This is done in either Housing or District Court. You need to fill out the form, have a sheriff serve it on the tenant and then file with the court and pay the filing fee ($60 Housing, $110.00 District). The tenant has the right to pay the rent arreage plus cost of suit and interest by the Answer date and re-instate the tenancy. Also, if there are any problems with the unit then the tenant can file counterclaims against the landlord. Assuming the tenant does not pay the arreage, you would have a trial in front of a judge to request possession of the apartment. The eviction process has very specific rules and procedures. I would recommend you hire an attorney to represent you in the process. One mistake by the landlord in bringing the action will result in the case being dismissed and you would need to re-file (thus causing more delay and costs). Also, I am assuming that the basement apartment is legal according to the city/town zoning ordinance. If not, you may face counterclaims from the tenant for renting an illegal apartment.

Read more
Answered on 1/29/02, 4:10 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Massachusetts