I rent an apartment, and sublet one bedroom. This lady moved in with a child (8 yrs old) which she didn't tell me. At the beginning I told her no rush, but to start looking for a new place.
She would leave the kid alone after school, and go to work. And on weekends. I told her that was absolutely out of question; she could not do that!
8 months have gone by, several police officers calls. I have filed a report of money that gone missing. I installed a camera, I filed a report with child services about her continuing leave the kid alone.
I have given her 3 months ( the third she pushed her self) notice. She won't move. The police officer told me I would need to get an eviction through my landlord to get her out. How long could this process take place?
Sorry to hear about your situation. Does your subtenant have a lease? You must start the process with a notice to quit and summary process summons and complaint. The process can take several months. Please consult an experienced landlord tenant attorney. Good luck!
Robert P. Waickowski, Esq.
I am an Attorney licensed to practice law in Massachusetts and the United States Virgin Islands. This is a public forum. Any questions or answers published here should not be construed as the giving or receiving of legal advice or the formation of any Attorney-Client relationship with Robert P. Waickowski, Esq., nor is it intended to do so. Attorney-Client relationships are affirmed by a formal written contract between the parties. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in this answer without seeking advice on the particular facts and circumstances at issue from a licensed attorney, If you consider the information provided has been helpful; please indicate so by designating that the answer was either "helpful" or the "best answer" as you believe appropriate.
The police are wrong. Your landlord has no legal relationship with your subletter. The only way that your landlord can evict her is to evict you and her together. If you only want her evicted, you will have to file the eviction yourself since YOU are her landlord. The eviction process can take a few weeks up to about a year depending. There's no way to say exactly how long it will take.
I am a Massachusetts attorney and answer questions based on Massachusetts law. The above answer is for educational purposes only and does not create an attorney client relationship or constitute legal advice.
Evictions can take about a month and a half from initial notice to quit to physical removal of the tenant - at the very quickest. They can also take much longer depending on whether the tenant has defenses to your eviction and counterclaims of their own to assert against you.
I notice you have asked several questions, including this one where you admit to installing a camera on a woman and her 8 year old child. I'm sure the camera is in a public space only, but you should not say any more on a public forum! This is a great place for general legal advice, but the specifics of your situation are best left for the privacy of an attorney's office where you have some expectation of attorney-client privilege.
Christopher Vaughn-Martel is a Massachusetts lawyer with the firm of Charles River Law Partners LLC in Boston, Massachusetts. All answers are based on generalized Massachusetts law and the limited facts presented by the questioner. Because answers are based only on the limited information voluntarily provided in a public forum, they should never be relied as legal advice. 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.
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