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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 35832
Experience:  Attorney over 16 years, landlord 26 years
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I have a tenant of a 2 family house in Springfield, MA that

Customer Question

Hello,
I have a tenant of a 2 family house in Springfield, MA that has been giving me trouble. When she moved in with her sister The basement was clean and freshly painted. Now all of a sudden she has moved a ton of things in the basement without my permission. It is difficult to walk in the basement now. What procedure do I need to implement to have the things removed from the basement? She claims that her sister does not live there anymore for several years now and she does not know where her sister is. How can I take the sister off of the lease .
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Is the basement part of the leased premises?

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Were both the sister and the tenant on the original written lease?

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And this is a month to month tenancy now, correct?

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thanks

Barrister

Customer: replied 1 year ago.
Thank you for replying fast. Storage of the basement was not mentioned in the lease, but I offered the washer and dryer hook up. I did not intend to offer storage. This basement is not divided it is an open space. The both the tenant and her sister signed the month to month lease. The sister has not given me notice verbally or in writing. The tenant states that she has not been there in years.
Expert:  barristerinky replied 1 year ago.

Ok, in a situation like this, if you allowed them to start using the basement for storage and didn't specifically object once they started, then you will now have to specifically exclude it from their use.

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The good thing is that if you are under a month to month lease, you can just give them a 30 day written notice to change the terms of the tenancy. So you can give them a notice that says effective 30 days from the date of the notice, they are no longer allowed to use the basement, or some designated portion of it.

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And you can also require the tenant to sign a new month to month lease with a 30 day notice that states that she is the only tenant on the lease if the sister is in fact gone.

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After the 30 days expires, if the tenant refuses to remove the stuff in the basement and sign a new lease soley, then you can move to evict her and get a judgment and writ to have her and any personal property removed by the local sheriff.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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