Problem with existing tenants

[Michelle Emond]

My future father-in-law owns a two family house in Brockton,Massachusetts. He occupies the first floor and the second floor is currently occupied by his ex-sister-in-law, her husband, and their 4 year old son. The current tenants have been there for 5 years. Over the past 3 years they have given a verbal notice that they are leaving 3 times. All three times they have withdrawn that notice and continued to live in the apartment. The most recent notice they gave was in January, 2001. At the time they gave thir notice. The landlord (my future father-in-law) told my boyfriend and I would could move in on May 1, 2001. Our current lease was up and we moved into the first floor to live with the landlord until May. Since we have moved in we have placed several orders for new furniture to be dlivered May 1. Everything was all set until this weekend (April 1, 2001) when the tenants told us there mortgage fell through and they won't be moving (AGAIN). I don't know if there was ever a rental agreement between them and the landlord. What recourse do we have as the incoming tenants? If they really don't move and I have to cancel the furniture orders I will lose all the deposit money I put down ($400+). What do I do?

 

[LL]

Unless there is some reason in Boston that you cannot evict a tenant at will,

Your ff-in-law should give these tenants a 30-day notice that the tenancy is being terminated and they have to leave. If they don't, evict them. In the meantime, you can probably get an extension of time to have your furniture delivered a little later.

Your ff-in-law made the mistake of accepting a verbal notice of vacating, insteadof insisting on written notice. Then, he doesn't have to accept the withdrawal.

Check Mass and Boston law.

 

[LL]

Unless there is some reason in Brockton, Mass that you cannot evict a tenant at will,

Your ff-in-law should give these tenants a 30-day notice that the tenancy is being terminated and they have to leave. If they don't, evict them. In the meantime, you can probably get an extension of time to have your furniture delivered a little later.

Your ff-in-law made the mistake of accepting a verbal notice of vacating, insteadof insisting on written notice. Then, he doesn't have to accept the withdrawal.

Check Mass and Brocton law, including rent-control laws.