• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

landlord going to remove belongings

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state (only U.S. law)? mass
Hello
my friend's landlord is saying he is going to enter and remove all his things from his apartment, he pays weekly with no written agreement or lease.
my friend is late with paying his rent weekly right now because business is slow and will pick up shortly. but it does get paid. he has told the landlord this and has been living at the apartment for a few years now. The landlord knows tom will pay the rent its just late.
The landlord told him he has to 9 am tomorrow morning to come up with the rest of the rent or he is going in and throwing his stuff out telling my friend that he can do this because its a rooming house but its not it's a 2 room studio apartment. Also tells tom that he has the right to just throw his stuff out of the apartment.
this landlord calls my friend (tom) all day and night looking for money he owes I believe 70.00 right now toward the current weeks rent.
The landlord enters into the apartment whenever he wants for whatever reason and leaves notes for tom to pay rent.

Is this landlord required to give proper notice to quit? I believe its 30 days in mass or 14 days to pay or quit.
I understand the landlord wants the money to pay his bills on the house ect but isn't there proper steps he should be taking?
Thanks!!
 


applecruncher

Senior Member
Landlord cannot throw his stuff out. If landlord does that or touches any of his property he needs to call the police. (If anything is lost or damaged he can and should sue.)
 

atomizer

Senior Member
As a weekly renter, your friend will probaly have rights to a 7 day eviction notice.

Is this a boarding house?
 

BL

Senior Member
As a weekly renter, your friend will probaly have rights to a 7 day eviction notice.

Is this a boarding house?
Actually read #2 post and the statutes .

It's not unusual for you though to give advise that sides with the landlords instead of actual landlord / tenant rights and duties .
 

atomizer

Senior Member
Actually read #2 post and the statutes .

It's not unusual for you though to give advise that sides with the landlords instead of actual landlord / tenant rights and duties .
Actually once again you have failed to comprehend state laws as written. In Mass you have to give a 30 day notice or one full rental period. If OP is a weekly renter, then he gets a 7 day notice. This is pretty much standard in many states.

See exemptions for weekly rental agreements!
 
Last edited:
thanks to all for responding!!
From what I read, this statement here "After three months of tenancy, the rooming house tenant is considered a tenant-at-will and afforded all rights of a tenant-at-will."
wouldn't that statement mean that since tom has been a tenant for 3 years he is considered a tenant at will even though he pays weekly??

note, although the landlord says its a rooming house the apartment my friend lives in is a 2 room studio with a bathroom and kitchen wouldn't that make it an apartment?
I think the landlord is just trying to bully my friend the landlord is telling him if he dont have the rent today to move out. I try to tell my friend he has to give him a 30 day notice am I wrong here?
he is willing to pay rent to the landlord its just going to be late. and has told the landlord when and what time he will pay it. well anyways i'm off subject.
 
please answer this question,
Can the landlord go into the apartment and force my friend to move out without a written notice?
 

atomizer

Senior Member
thanks to all for responding!!
From what I read, this statement here "After three months of tenancy, the rooming house tenant is considered a tenant-at-will and afforded all rights of a tenant-at-will."
wouldn't that statement mean that since tom has been a tenant for 3 years he is considered a tenant at will even though he pays weekly??

note, although the landlord says its a rooming house the apartment my friend lives in is a 2 room studio with a bathroom and kitchen wouldn't that make it an apartment?
I think the landlord is just trying to bully my friend the landlord is telling him if he dont have the rent today to move out. I try to tell my friend he has to give him a 30 day notice am I wrong here?
he is willing to pay rent to the landlord its just going to be late. and has told the landlord when and what time he will pay it. well anyways i'm off subject.
A Rooming or Boarding House Tenant becomes a tenant-at-will after three months of tenancy an is then afforded all the rights of a tenant-at-will. Termination notices vary depending on the length of tenancy: Less than 30 days –no notice required. Between 30 and 90 days –7 days notice required. Over 90 days –30 days notice required. However, the landlord is only required to give 7 days notice if tenant is disorderly or bothersom to other tenants OR if tenant pays rent weekly. The Lease or RentQ
 
Last edited:

applecruncher

Senior Member
please answer this question,
Can the landlord go into the apartment and force my friend to move out without a written notice?
For goodness sakes, the answer to that questions is NO.
Landlord can evict 'your friend'; he must follow the legal process. READ the link that was provided by other member.
Telling the landlord 'when the rent will be paid' is meaningless.
You've nbeen given more than enough information to answer your questions and address your issues.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top