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Evict squatter?

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smitnlit

Junior Member
What is the name of your state (only U.S. law)? Massachusetts

Homeowner moved out of house and left ex (not married) troubled relationship. Upon leaving said find a new place to live. Ex is still there after 1 year. Filed a criminal mischief charge for trespassing. Ex that lives in house filed restraining order even though homeowner now lives in New York.

Is this just a straight forward eviction? there is no lease in place nor verbal agreement to stay in property.

What are options for removal?

Ex is not on deed or note.
 


Yes, your next step would be to start the eviction process.

You landlord must send you a “14-Day Notice to Quit” if terminating your tenancy for non-payment of rent (M.G.L. c. 186, § 12). If it is being terminated for any other reason, you must give written notice 30 days in advance. Since you probably never agreed to charge rent you'd have to give a 30 day notice.

After the notice period passed, you must deliver a “Summary Process and Complaint.” This officially informs tenant that the landlord is taking legal action against. It will state the date of the eviction hearing and the date on which the Answer must be filed.

If a physical eviction is allowed, the court will allow you to execute 10 days after the judgment is entered. You must send written notice of the date and time the physical eviction will take place at least 48 hours in advance.

You may use the execution anytime within a three-month period. However, if you evict for non-payment of rent, and then accept payment of the entire amount won in the summary process action and current rent, then the execution is no longer valid.
 

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