[MA] What are the requirements for evicting a long-term tenant-at-will?
Hi, I wanted to know if I might run into any issues evicting an occupant from my apartment. Technically, I'm the sole tenant, but I rent out the rooms in the apartment to other people.
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Thank you for waiting. You cannot change locks, shut off utilities, or physically remove them (M.G.L. c. 186, § 14). You must serve a proper Notice to Quit before filing in court.
- If they pay rent, you need to give a 30-day (or one full rental period) Notice to Quit (M.G.L. c. 186, § 12).
- After the notice expires, you file a Summary Process eviction case in Chelsea District Court.
- Because they’ve been living there 5+ years, they are a lawful tenant, not a guest.
- The court will expect proper notice and correct paperwork.
- If your own lease prohibits subletting, your landlord might also become involved.
Prepare the Notice to Quit with correct dates and serve it properly (constable or certified mail). If they don’t leave, file in court. Avoid any “self-help eviction.” A tenant-at-will still requires a proper 30-day (or full rental period) Notice to Quit. No written lease doesn’t change the eviction process—they are still a legal tenant.
As for liability: You’re not responsible for unsafe conditions that existed before you took over unless those conditions still exist now. If they do, as the current “landlord,” you may have a duty to fix them. Habitability issues can be used as a defense in eviction cases, but they won’t stop you from serving proper notice.
Anything else you'd like to ask?
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Hi, I wanted to know if I might run into any issues evicting an occupant from my apartment. Technically, I'm the sole tenant, but I rent out the rooms in the apartment to other people.
Lexi, Chatbot
I understand eviction can be stressful. How long has the occupant been living there?
5+ years.
Lexi, Chatbot
Have you provided any written notice yet?
Not yet. I plan to for the month of September.
Lexi, Chatbot
Is there anything else the lawyer should know?
I don't know.
Queeneth E. Esq
Hello, I'm Queeneth, an attorney. Before I give you the best answer, may I ask: which state/city are you in?
Chelsea, MA, 02150.
Queeneth E. Esq
Thank you. One moment while I prepare your response.
Alright, thank you. I don't have a lease with my landlord or with my occupants. We have a tenant-at-will agreement. Does that change anything? Also, the tenant has been here longer than me. If something unsafe happened before I lived here, am I responsible?
Queeneth E. Esq
Thank you for waiting. You cannot change locks, shut off utilities, or physically remove them (M.G.L. c. 186, § 14). You must serve a proper Notice to Quit before filing in court.
- If they pay rent, you need to give a 30-day (or one full rental period) Notice to Quit (M.G.L. c. 186, § 12).
- After the notice expires, you file a Summary Process eviction case in Chelsea District Court.
- Because they’ve been living there 5+ years, they are a lawful tenant, not a guest.
- The court will expect proper notice and correct paperwork.
- If your own lease prohibits subletting, your landlord might also become involved.
Prepare the Notice to Quit with correct dates and serve it properly (constable or certified mail). If they don’t leave, file in court. Avoid any “self-help eviction.” A tenant-at-will still requires a proper 30-day (or full rental period) Notice to Quit. No written lease doesn’t change the eviction process—they are still a legal tenant.
As for liability: You’re not responsible for unsafe conditions that existed before you took over unless those conditions still exist now. If they do, as the current “landlord,” you may have a duty to fix them. Habitability issues can be used as a defense in eviction cases, but they won’t stop you from serving proper notice.
Anything else you'd like to ask?
Nope, that’s all. Thanks again, Queeneth. Have a good day/night.
Queeneth E. Esq
You’re welcome. Glad I could help.
Queeneth E. Esq
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