How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Richard Your Own Question
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 55708
Experience:  Attorney with 29 years of experience.
17027240
Type Your Legal Question Here...
Richard is online now
A new question is answered every 9 seconds

Having problem with a tenant I rented apt to my niece and

This answer was rated:

Having problem with a tenant I rented apt to my niece and she had her boyfriend move in & he has flooded my daughters bathroom twice now fell asleep in the tub with water running today again in the bathroom he said toilet over flow been here for44 years never had any problems he also left water running in the kitchen flooded daughters kitchen he keeps moving furniture all hours of the night last night after 11 no lease my niece is not home I just want to know if I can do anything
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Dorchester,Ma
JA: Has anything been filed or reported?
Customer: Not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: But I did not rent to him &he needs to leave

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

You don't have to put up with this. You have the right terminate their tenancy. Unfortunately, if they will not leave voluntarily, you do need to go through the legal process to avoid being accused of an illegal eviction. When there is no lease, the occupant is considered an “at will” tenant and treated legally as a month to month tenant. As such, you can terminate this tenancy by giving written notice of at least 30 days. If they do not leave voluntarily, under Massachusetts law, you will then need to give a 14-Day Notice to Quit...meaning they must vacate the premises within that period or face formal eviction. Then, if they still have not left, you will have to file a petition for an eviction order. Once that is granted...you can have the sheriff evict. Unfortunately, you are not allowed to move their stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order. BUT, in the interim, if they pose any threat to your person or property, you can get a restraining order to get them out of the property immediately while the eviction process runs its course. You are also entitled to pursue them for any and all damages they've caused other than wear and tear.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could just force them out immediately without the restraining order, but I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (hopefully Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 10 months ago.
Would it be up to my niece to get him out? Or do I have to evict them all? My niece and him are actually no longer together , but living as roommates nown

Thanks for following up. It would first be up to your niece since she invited him to live there. If she will not handle the situation, you can move to evict just him or both of them.

Richard and 8 other Legal Specialists are ready to help you

Thank you so much for the excellent rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: www.justanswer.com/law/expert-legalbeacon/ . Or, simply request “Richard only” in the first line of your question.