How do I evict a tenant without a lease in Massachusetts?
If you do not have a lease , a landlord must send you a proper notice to quit to terminate your tenancy . For more information about the notice, see Receiving Proper Notice.
How do I terminate a tenancy at will?
To terminate this type of tenancy and commence an Unlawful Detainer Action the owner of the rental property must serve the occupant with a 30-Day Notice to Terminate a Tenancy at Will . The Notice may be served by posting it on the rental property and mailing the notice to the occupant by regular or certified mail.
How long does it take to evict a tenant at will in Massachusetts?
Tenants at will Your landlord must send you a “14-Day Notice to Quit” if terminating your tenancy for non-payment of rent (M.G.L. c. 186, § 12). If it is being terminated for any other reason, you must be given written notice 30 days , or one full rental period in advance, whichever is longer.
Can you assign a tenancy at will?
You can assign your tenancy to a partner who lives with you . The property must be their main home. If you don’t live with a partner, you may be able to assign your tenancy to someone else who lives with you but only if your tenancy agreement says you can .
How much notice does a landlord have to give a tenant to move out in Massachusetts?
Depending on the reason for eviction, a landlord must provide the tenant either a 14-Day or 30-day Notice to Quit. A landlord must then file a civil action (summary process) in court, and get a judgment from the court that specifies the date that the tenant must leave the rental property with their belongings.
Can landlords kick tenants out?
Yes, a landlord can evict you if there is no lease. However, a landlord generally must provide notice of terminating your tenancy . (“Evicting you” means starting eviction proceedings if you fail to comply with the notice. A landlord cannot legally evict you without a court order, whether or not you have a lease.)
What are my rights as a tenant at will?
A Tenant At Will’s Rights A tenant at will has the right to lawful and exclusive possession of the rental unit. This means that the landlord cannot enter a tenant at will’s unit without permission. Just check your state laws and give your landlord the required amount of notice. You don’t need any reason to.
How can I get rid of a tenant without a lease?
When it comes to tenants who do not have a lease , using a notice to quit is all but required to remove someone from your property. A notice to quit is an official way of letting someone know what date they must leave a property by in cases where no lease applies.
What are my rights as a tenant without a contract?
A tenant without a written contract is still entitled to all the statutory rights a regular tenant with a contract is, including water, heating, a safe environment etc. In a similar vein, the tenant is still obligated to pay rent on time and take reasonable care of the property.
Can I be evicted in the winter in Massachusetts?
No state bans winter evictions . Although the eviction process varies slightly from state to state, the process begins in most states, including Massachusetts , when a landlord serves a tenant with a demand to vacate leased premises.
What are the reasons a landlord can evict a tenant?
In California , a landlord may be able to evict a tenant if the tenant : Fails to pay the rent on time; Breaks the lease or rental agreement and will not fix the problem (like keeping your cat when pets are not allowed); Damages the property bringing down the value (commits “waste”);
Can you be evicted in Massachusetts?
The tenant and any other occupants can be evicted . In Massachusetts , it is illegal for a landlord, on their own, to remove tenants and occupants and their belongings from a rented apartment, room, or home without first getting a court order.
Does my partner have to be on the tenancy agreement?
Even if your name is not on the tenancy agreement , you can still take on the responsibilities of being a tenant . This means you don’t need to ask your spouse’s consent to do anything normally associated with maintaining the tenancy . For example, you’re entitled to: pay the rent.
Can my son take over my housing association tenancy?
The right for someone to inherit a tenancy when the tenant dies is called succession. A housing association tenancy can only be inherited once, unless the tenancy agreement allows for more than one succession. Check with the landlord. Ask at your housing office if you don’t know what type of tenancy it is.
Can my son buy my housing association house?
Right to Acquire allows most housing association tenants to buy their home at a discount. You can apply to buy your housing association home if you’ve had a public sector landlord for 3 years. These landlords include: housing associations .