My lease is coming to an end on April 30th. I am unable to find a place with rent that I can afford. The landlord states he rented the place already and the new tenants are moving in may 1st. I find that hard to believe. .is there any way I can pay the rent and get to stay for another month in order to give more time to find somewhere. .I had a place and the guy waited until the 23rd to tell me it's not going to be ready
Your landlord will have to go through the Summary Process to evict you if you refuse to leave at the end of April. This will mean serving you with a Notice to Quit (unless your lease states otherwise, a 30 day notice for other reasons other than nonpayment of rent). After the expiration of the notice period, he/she will have to file in court which will mean approximately three week additional delay. two additional weeks if you properly answer and request discovery.
No answer provided by this attorney in this forum is to be considered legal advice. No attorney-client relationship is created in responding to this question, and advice provided is based solely on very limited facts presented, and therefore may not be correct. You are advised that it is always best to contact a competent and experienced with the practice of law in the county in which you reside.
I partially agree with my colleague, in that the landlord will have to go to court and cannot force you to leave. However, because you have a lease, he DOES NOT need to send a notice to quit, and can file a case against you on May 1 if he wants to. If he accepts more rent from you that *may* create a new tenancy at will and defenses, but it's not guaranteed. Because you will become a holdover tenant on May 1, you won't have access to most of the defenses allowed in a normal eviction. The landlord can sue you for the place and the "use and occupancy" or value of the place while you're there. Because he has a new lease, "use and occupancy" may be whatever the NEW tenants are paying, not what you are. He can also potentially also bring a separate case against you for any lost rent from the new tenants if he loses out on that lease since you won't move. Other than the lease, you have no right to stay just because you can't find a place, and nothing in what you said gives rise to any kind of defense. You can get time by forcing your landlord to go to court, but that will also make it harder to find a place since you'll have an eviction on your record.
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.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline