I applied for and rented a single family house for myself, my son and his mother. The landlord has decided to move in and has sent a 30 day notice. My son's mother, with whom I am now involved in a custody/visitation dispute, believes that she should stay in the house due to her perceived inability of the landlord to evict her and my son. There is no lease, or written agreement of any kind. The application, and 30 day notice, list both myself and my son's mother as tenants. I have been the only rent payer, and have exclusively handled the tenancy with the landlord.
With no lease or written agreement, you and mother are both tenants-at-will and may be evicted on 30-days’ notice or one rental period (whichever is longer). If she stays beyond the notice period she become a tenant at suffrage and exposes herself to liability for rent and landlord costs to evict. You are are out of the equation if you vacate by the notice date, but document your vacating the apartment with the landlord.
This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an attorney for further information.
If you and the mother applied as joint tenants, then you will be liable for any damages that result from the tenancy. The landlord can release you from liability if you communicate that you are moving out, so you should contact their attorney to let them know you have vacated so their should only pursue an eviction against the mother.
The notice to quit is not an eviction, it only serves to terminate the tenancy. Only if this proceeds to court and an execution is issued would it affect your credit.
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.
You should notify your landlord that you vacated via certified mail, return receipt requested. If you can prove that you vacated within the notice period AND notified your landlord as above, your liability for future rent after vacating will end .
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.
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