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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 34832
Experience:  Attorney over 16 years, landlord 26 years
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How to evict month to month rental tenant a/ Boston MA, she

Customer Question

how to evict month to month rental tenant a/
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Boston MA
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: she is section 8 tenant, her lease is over
JA: Anything else you want the lawyer to know before I connect you?
Customer: no issue on maintenance or repair
Submitted: 3 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Is there some violation or are you just wanting to terminate the tenancy?

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thanks

Barrister

Customer: replied 3 months ago.
no
Customer: replied 3 months ago.
pls answer my question first
Customer: replied 3 months ago.
rental increase refuse to pay
Expert:  barristerinky replied 3 months ago.

Ok, then that would be a violation of the lease and in MA you can give the tenant a 14 day notice to pay or vacate and then evict through the courts if they don't pay.

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If this was a no cause eviction, you have to give a Sec 8 tenant 90 days notice and notify the Sec 8 office as well,.

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Let me know if you need to know what the court eviction process is..

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thanks

Barrister

Customer: replied 3 months ago.
Not realy, give to the tenant 30 days eviction notice
Expert:  barristerinky replied 3 months ago.

I don't understand your comment.... if you raised the rent and the tenant is refusing to pay, that is a lease violation and you can give them a 14 day notice under MA law...

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Expert:  barristerinky replied 3 months ago.

In case you wanted to know the process:

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The landlord files the eviction complaint and then serves the tenant with the summons and complaint.

The tenant files an answer, and in some instances the parties exchange discovery. Before the court hearing, the landlord and tenant can try to negotiate a settlement. If no settlement is reached, the landlord and tenant present their cases before the court.

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Following the hearing, the court can dismiss the case or enter an order of eviction. Either party has ten days to appeal from the court’s decision.

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If the court enters an order of eviction, the landlord gets an execution from the court 11 days after the judgment is entered. The sheriff serves the execution on the tenant and can move the tenant out of the property 48 hours after the landlord receives the execution.

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thanks

Barrister

Customer: replied 3 months ago.
I give 30 days notice eviction notice to the tenant and I notify to section 8 lease officer, and I file to court, but some lawyers, I can't evict the tenant just because refuse rent increase payment.
Expert:  barristerinky replied 3 months ago.

Ok, that is simply wrong. If you gave a month to month tenant a 30 day notice to vacate, and they didn't move out during that 30 days, then you can evict through the courts.

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If you gave proper notice of a rent increase, which is also a 30 day notice, then if the tenant refuses to pay the new rent, then that is a violation and you can give them a 14 day notice to pay and then evict them through the courts..

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So there must be some part of the process that is not being done correctly because that is how you evict someone..

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