I have tenants at will at my property in Massachusetts. They have not paid for 1 year, and refuse to pay me. What can I do?

Asked almost 2 years ago - Malden, MA

I would like to evict my tenants. We do not have a signed lease. They will not pay rent. What are their rights? Can I evict?

Attorney answers (3)

  1. Christopher Saccardi

    Contributor Level 12

    3

    Lawyers agree

    Answered . You can evict however you should know that depending on how you go about the eviction, they may be able to bring certain counterclaims against you. For example, they could bring claims based on alleged mishandling of a security deposit or last month's rent and/or based on the condition of the apartment. I would suggest that you consult with a landlord/tenant attorney to get a better understanding of your options, how the eviction process works, and what sort of liability you may be facing, if any. Malden is a very landlord-friendly court, so you may be in a good position, but it is hard to say without looking at the particular facts of your situation. You should also know that there are a lot of very technical rules regarding how a landlord must go about the evictions process, dealing, for example, with the types of notices you need to send, and the timing of the filing of your case.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more
  2. Patrick Bull

    Contributor Level 10

    2

    Lawyers agree

    Answered . Yes you can evict. Call a local atty to guide you through the process. There are a number of steps you need to take,a local atty can help you avoid pit falls and usually the price is very reasonable.

    Good luck

    Patrick Bull an attorney licensed to practice in Massachusetts and can be reached at 978-457-9090, or by visiting... more
  3. Christopher W. Vaughn-Martel

    Contributor Level 17

    Answered . Oh my goodness, I would say it is time to evict them!

    Our office offers a streamlined flat fee for uncontested eviction, with an hourly rate in the event that the tenants object, answer, or move to dismiss the case.

    Based on the fact that they have failed to pay rent due, you may terminate their tenancy using a 14 day notice to quit. You may also provide them with a rental period, sometimes referred to as a 30 day, notice to quit. There are legal consequences to which notice you send, so do not do so without speaking to an attorney.

    If they still do not leave after the termination of the tenancy, then you can bring an eviction action in the appropriate court.

    Christopher Vaughn-Martel is a Massachusetts lawyer with the firm of Vaughn-Martel Law in Boston, Massachusetts.... more

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