Submitted by Singer on Fri, 02/13/2009 - 12:57
My landlord recently gave me a notice to quit for being late on my rent on Jan. 20. A day after I recieve the notice I paid him the rent. He tells me that I still have to be out of the apartment by the night of Feb. 3 and that he does not have to recieve a court order to have me removed because he lives in the building with less than three apartments. What should I do?
Editor's Response
I think the landlord is wrong. By accepting your rent, he may have reestablished the tenancy. Also, I know of no law that allows any type of 'self-help' eviction. He needs a court order before he can get a constable to evict you. If he disagrees, you may need to go to the housing court to get an injunction. Under Massachusetts General Laws Chapter 186, Sections 14 and 15F, a landlord that attempts a self-help eviction may be liable for the tenant's actual damages or damages in an amount equal to three month's rent, whichever is greater, plus attorney's fees. Also, in such a situation, the tenant may have a claim for damages under the Massachusetts Consumer Protection Act, MGL Chapter 93A. For more information or to post a question, visit our MA Tenant Law Discussion Forum.
Eviction Notice
From talking with people in other States, it looks like MA Landlord/Tenant law seems to favor the tenant. Here is my question:
After the tenants who are on a Month-to-Month agreement lived at the residence for a year, I increased the rent because the water bills were very high. (I had the water system checked to ensure there were no burst pipes.)
Six months later, the recent water bill is extremely high. When brought to the attention of the tenant, the response was sarcastic.
Do I have to wait until the tenants live there another year to increase the rent since it was increased on the anniversary date, or can I increase anytime?
Thanks in advance for your response
Editor's Response
If you have a tenant at will, you can raise the rent any time, with proper notice. You must give them a properly served 30 day notice to quit to terminate the current tenancy. At the same time, offer them a new TAW agreement with the higher rent and explain that they can stay in the unit, but at the higher rent, and they must sign the new agreement. If the do not, then you must follow through on the eviction process and then find a new tenant (at a higher rent). Usually these things drag out unless you have a good relationship with the tenant and can talk them through the process.
In response to the "no law
In response to the "no law that allows any type of 'self-help' eviction", Do you mean the physical eviction process which requires either a Constable and/or Sheriff to perform/enforce or do you mean all parts of the eviction process which include sending out the notice of quit/eviction court hearing/execution?
Self help eviction
It means the landlord cannot take matter into his own hand by, for example, removing the tenant's belongings and changing the locks. The landlord must obtain a judgment for possession and then have a constable remove the tenant and her belongings if the tenant does not leave voluntarily.