need to know what to do . We were never told about the infractions also their lease is up and not been renewed need to know if I can serve them 30 day notice need advice thank youthe tenant will not allow me to enter the apt
You have a serious problem or problems which will only become more serious without legal help. The answers to your questions (and there are several contained within your brief post) are best answered in a face-to-face consultation. For example, if the lease expired and they haven't paid rent since they may be tenants at sufferance and comparatively easy to evict. On the other hand, if they have paid rent and you have accepted it since the lease expired, they are tenants at will, making eviction more difficult. The code enforcement issues, and their timing with relationship to your knowledge of the conditions and their non-payment of rent are also important. And what about security deposits, last month's rent, etc, etc., etc.??!
Most attorneys will charge a minimal fee or no fee at all for an initial consultation, but find somebody local in Western MA; not me, for example.
The foregoing answer does not establish an attorney client relationship, is not confidential, and should not be relied upon in place of an actual consultation with an attorney. Mr. Boone is licensed to practice in Massachusetts, before the U.S. Tax Court, and the Federal District Court of Massachusetts. Most initial consultations are free. Further information is available on my profile.
If the board of health finds code violations, you have some rather serious liability. The board of health or inspectional services can fine you and bring civil and criminal proceedings against you. The tenant has serious civil claims for money damages, the longer they have been there the higher those damages are likely to be. Also, if the building has more than one rental unit in it you are also likely to fall under the consumer protection act, providing for more penalties and attorney's fees. Landlord's have responsibilities to the tenant under the sanitary code and common law, there are statutes that specifically protect tenants and provide for rather stiff penalties against landlords who do not follow the correct procedures. Trying to handle these kinds of cases on your own often ends up costing you more money, and making it more difficult for an attorney to help you. Get a lawyer!
These are generic informational answers, not to be construed as legal advice or creating an Attorney client relationship. If you have a legal issue, you should always consult an Attorney in your jurisdiction. You wouldn't ask a surgeon to talk you through a heart transplant via email, don't expect to do the same with a legal matter.
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