Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant

I have a tenant of a 2 family house in Springfield, MA that

Customer Question
Hello, I have a tenant of...
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
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 5 minutes by:
12/29/2015
Lawyer: barristerinky, Attorney replied 1 year ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 39,013
Experience: Attorney over 17 years, landlord 26 years
Verified

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

.

Is the basement part of the leased premises?

.

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

.

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

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Customer reply 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.
Lawyer: barristerinky, Attorney 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.

.

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.

.

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.

.

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.

.

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

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Ask barristerinky Your Own Question
barristerinky
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 39,013
39,013 Satisfied Customers
Experience: Attorney over 17 years, landlord 26 years

barristerinky is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

39,013 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,103 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
I filled out all forms for section 8. I am on disability and
I filled out all forms for section 8. I am on disability and need to move out as soon as possible. The abuse is getting worse. I don't know how long I will be able to make it here. I'm not getting hit… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Currently under a lease until June, landlord sold the apt
currently under a lease until June, landlord sold the apt and new owner sent list of changes, one is no smoking and I must clean the apt walls or be fined $250. Is that legal being under a lease which… read more
barristerinky
barristerinky
Attorney
39,013 satisfied customers
I live in San Francisco. How can I legally kick out the
I live in San Francisco. How can I legally kick out the tenants that are staying in the home that I own? I live in the upstairs unit and they live downstairs. They have not caused any issues, but I wo… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,110 satisfied customers
I am a tenant in California, please cite California law: A
I am a tenant in California, please cite California law: A little over 2 months ago I was given a 60 day notice by landlord / homeowner to vacate the home. The notice was given after I kept complainin… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,110 satisfied customers
Florida. I just got a letter about cigar smoke, considered
I just got a letter about cigar smoke, considered as Damageing … read more
LegalGems
LegalGems
Juris Doctorate
10,377 satisfied customers
When we signed the lease back in april, hand written and
when we signed the lease back in april, hand written and signed by us both, it ws agreed to fix the non working hot water in the bathroom sink. it still has not been done and she is completely aware. … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,103 satisfied customers
My neighbor, in an apartment complex, has made my apartment
My neighbor, in an apartment complex, has made my apartment not habitable. He sprays dozens of cans of spray paint in his apartment every day. He smokes cigarettes and sprays other spray chemicals and… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,733 satisfied customers
Clause 23 of the lease of a storefront reads: "Any dispute
clause 23 of the lease of a storefront reads: "Any dispute arising under this lease shall be referred to arbitration". … read more
Damien Bosco
Damien Bosco
3,122 satisfied customers
Loren, you have been helping me with an eviction issue.
Loren, you have been helping me with an eviction issue. Tomorrow I go to file the Complaint for eviction of tenant for non-payment of rent. Today was the day for the 3 day notice. Two questions: my tg… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
We rented a house in Napa to a tenant and she left and broke
We rented a house in Napa to a tenant and she left and broke the lease. She's paying the rent until we find a new tenant for the owner. I want to know how much should we charge when the new tenant mov… read more
barristerinky
barristerinky
Attorney
39,013 satisfied customers
I'm wondering if I'm able to break my lease without any
I'm wondering if I'm able to break my lease without any further rent obligations due to numerous problems over the past year? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Needed to know how can i break an apartment lease after a
needed to know how can i break an apartment lease after a break in … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,733 satisfied customers
I currently have a month to month lease and my landlord just
I currently have a month to month lease and my landlord just notified me that she is selling the property and I have 30 days to vacate. After the hurricane there are no rentals/housing available becau… read more
LegalGems
LegalGems
Juris Doctorate
10,377 satisfied customers
I gave my landlord a notice to leave a Condo I was renting
I gave my landlord a notice to leave a Condo I was renting on NOv 6 th and moved out on oct 31st. Since it was not 30days. Would I be responsible for rent until NOv 6th at a prorated amount. The landl… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,733 satisfied customers
I am in AZ. I am writing a 5 day written notice to my
I am in AZ. I am writing a 5 day written notice to my landlord regarding I am leaving. Can someone help me with it over the phone with writing it and some questions pertaining to it and how to proceed… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,089 satisfied customers
My sons current lease expires 12/31/2017 and he will be
My sons current lease expires 12/31/2017 and he will be moving back home (he has graduated college!). He has lived at the same apartment complex for approx 1.5 years. We signed a 6 moth lease for his … read more
Damien Bosco
Damien Bosco
3,122 satisfied customers
My girlfriend has paid up on her rent and is moving Sunday.
My girlfriend has paid up on her rent and is moving Sunday. Her landlord is not letting her retrieve her things until she pays an addition $320 for who knows what before she can get her things. I thin… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,733 satisfied customers
I Am moving in the process of buying a condo in a 55 and
I Am moving in the process of buying a condo in a 55 and older community and they have told me that I have to get "rid" of one or both of my little dogs. I have had one 8 years and the other for 6 yea… read more
Damien Bosco
Damien Bosco
3,122 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x