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I am in Massachusetts and in March of this year myself and my partner purchased a property - a three family home. As a part of our mortgage agreement we are supposed to be living in the house (was purchased as owner occupied). In March we served the eviction notice to the tenants in the third floor apartment. After speaking to them, we extended the notice from 30 days to 90 days due to the tenant being re-located in the same manner from his work property and his wife being pregnant. The 90 days is up on the 16 of June and in speaking with these tenants they have no intention of being out by that date. We want to know where we stand in evicting them (does that initial notice still hold eventhough we extended it or do we need to reserve?). The other concern is that the apartment they are living in has not been de-leaded and they now have a baby living there that was not born yet at the time of the original eviction. Legally where do we as landlords stand with this situation. The last question is would my partner and I be ok to represent ourselves if we do go to court with these tenants or would we end up over our heads with some of the complications of this situation and do we have a strong case do to the mortgage situation or is it just as difficult to evict someone no matter the circumstances?


Senior Member
Get L-T attorney to evict - don't do this yourself.

Get to an attorney familiar with MA L-T law and QUICK. Don't attempt to do this yourself.


do your tenants have a lease? then you cant evict them till it expires

And since it was rented to them without any reference to lead paint, then the TENANTS, MUST take the responiblity of getting pregnant and anything that happens is their responsiblity.

[Edited by dj1 on 06-13-2001 at 01:38 PM]




Lets see if we got this correct.

You purchased this unit as owner occupied and now to comply with the rules you want to toss a couple with a new born out by force????? And you even expect them to go promtly and willingly too???

Lead paint is another of your excuses you use as a justification for the actions your attempting to take towards tossing them out.

If they have a lease you can't evict them until lease ends.
If they don't have a lease, you can evict them by any legal means sure, then live with your decision and wonder why some tenants HATE landlords.


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