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My landlord said he wants me out by nov 1 2012 and i have 2 children 8,11 but i havent found another place yet

Boston, MA |
Attorney answers 4

Best Answer

Presuming you are renting in Massachusetts, it sounds like your tenant may have terminated your tenancy and nothing more. But, even if that is so, their are still strict requirements your landlord must comply with in order to have actually terminated it. Also, termination of your tenancy by way of a notice to quit is just the first step in the eviction process. If you do not vacate by the termination date, your landlord will have to file a summary process case to have you evicted by the court. That can take weeks and then there are still several steps that require time. You may have defenses and may be able to postpone moving. I recommend that you consult with a landlord attorney to determine what your rights and obligations are.

This "answer" is for information purposes only and is not intended as legal advice or to create an attorney-client relationship.


No, he can't move in a new tenant's belongings while you're in possession.

It's impossible to assess your rights and liabilities without knowing more. What are the grounds for asking you to move out? Are you current with your rent? Are you a defendant in an eviction case? Have you received a notice to quit? Are you under a lease? Do you have claims based on bad conditions, retaliation, mishandling of your security deposit, or other grounds?

Note that the landlord's just saying he wants you out doesn't mean you have to be out by that date, or that you necessarily even have to move at all. Everything depends on the facts, and the first step in a normal eviction is for the landlord to give you a notice to quit, then commence a court action after the expiration of that notice.

I'm guessing that what's happening is that you're behind on your rent, that the landlord wants to rerent your apartment, but also the landlord wants to avoid the expense of a court action. You may well have claims that are worthwhile to pursue, if the landlord knows so little of the law that he feels free to move in a new prospective tenant's belongings. Consult with an attorney, and good luck.



i pay my rent on time every month i have not destroyed nothing in the house he says himself im a excellent tenent but he wants me to leave so he can move his mother in which the real reason is he doesnt wannna pay the money to fix up what section 8 tells him to im looking for an apartment but i havent found one yet so what is my rights

Jeffrey K. Varszegi

Jeffrey K. Varszegi


If you are in any term of a non-breached lease, you have a right to stay until the end of your lease. After any lease expires, your tenancy would convert to a tenancy at will. If the landlord wants to force you to move, the first step would be to serve you with a valid Notice to Quit. If you have not signed an extension of an original lease, you may still be in the middle of a lease period due to terms of the original lease. Sometimes they are written to be self-extending. Your rights will depend on the specific wording of any lease(s). Since you're a Section 8 benefits recipient, you would meet income qualifications for free legal services. I'd encourage you to seek out some legal help.


Without knowing more, we can't comment on your rights in general (Have you paid rent? Do you have a lease? Have you been to court?)

I can say, however, that he CANNOT move other people's possessions into the apartment. If he does, you can sue him and win a valuable claim.

You should contact an attorney for help, or repost the question.

Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.


Based on the limited information provided in your question, it sounds like your rights are seriously in jeopardy with this landlord. Your landlord may not be following the law, but you will need an attorney to assert your rights. Generally, you must be given an entire rental period (usually one month) before the tenancy is terminated. Only after your tenancy expires can the landlord attempt to evict you by filing an eviction action in court. Only after the landlord obtains a judgment of possession from the court can a sheriff remove you from the apartment.

Christopher Vaughn-Martel is a Massachusetts lawyer with the firm of Vaughn-Martel Law in Boston, Massachusetts. All answers are based on Massachusetts law and the limited facts presented by the questioner. All answers are provided to the general public for educational purposes only and no attorney-client relationship is formed by providing an answer to a question. To schedule a consultation with a lawyer, and obtain advice and review of your specific legal issue, please call us today at 617-357-4898 or visit us at

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