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Ratings. Guidance. The Right Lawyer.
A family moved into my vacant rental property in Dennisport Mass without my knowledge.How do I get them out quickly?
Dennisport, MA
Viewed 20 times.
Posted 28 days ago in Real Estate
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A tenant moved out of my rental property & referred a friend as a prospective tenant. Approving of the tenant I mailed her the contract to sign & return along with 1st month rent and deposit. The contract was for 1 year rental beginning November 1st. I still had not received the lease agreement or rental payment/deposit one week prior to November 1st. I sent an inspector to the property and was then informed the woman and her children had been given the keys by the previous tenant and had moved in the house!
The woman does not return my calls and the police department refuses action. I live out of state and travel across the country for work so not readily available.How can I get these people removed from my house quickly and do I have any legal obligation due to the pending lease? Answers (2)
Phil A. Taylor
This attorney is licensed in Massachusetts.
Posted 27 days ago.
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A review of the lease may be needed, but to remove the person from the property a summary process (eviction) proceeding is required. What type of notice, if any, is required will depend on whether a tenancy was created. If a tenancy was created then it needs to be terminated with a notice to quit. As you are not in the area, you should contact an attorney local to the property to discuss the specifics and take action on your behalf. Of course, you need to determine if you want this person as a tenant still or not.
DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues. 
Kelly A. Broadbent
This attorney is licensed in Massachusetts.
Posted 18 days ago.
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The first thing that you need to send is a notice to quit. This puts the tenant on notice that they are not obliging by the terms of the lease, and it is notice to leave. If they do not leave, you must proceed through Housing Court in order to evict the tenant.
As far as your legal obligation regarding the pending lease, its hard to say without seeing the lease what obligations may have been formed. If you would like to discuss this matter further or are interested in representation, please feel free to contact me directly for a consultation. |
