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I am currently living overseas. My apartment has been rented to a family for 2 years and the lease will end July 31 this month. 4 months ago I tell them via my agent that I need my apartment back for my own use because my daughter will go to school nearby.
They now refuse to move out and still keep paying rent to me because they said their child's school is close by and they cannot find another place with the same rent same size etc. I have been renting the apartment to them a bit cheaper than the market price. Now my agent asks for my advice and what should I do? They can say their child's schooling as an excuse not to move out but so do I. My daughter is moving back to US in Aug and we have no place to stay.
In this case, the worst case scenario. Can I tell them after July 31, end of this lease, if they really love my place, I will increase their rent to a much higher price, deduct all the expenses and the amount should be enough to cover my own rental for another same size apartment to stay?
My agent has been helping me for 20 years and is old. She is feeling helpless too.....

really appreacite if someone can give me some idea as i am overseas in Asia

 
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Evicting tenants at sufferance in MA

Unless there is a right of renewal in the lease that allows your tenants to stay in the unit, at the end of the lease they will become tenants at sufferance (tenants who had a legal right to live in the unit but remain in the unit after the expiration of that right).  You will need to evict them.  It is highly unlikely that the eviction process will result in your possession of the unit by the time school starts.  Sorry.  The good news is that, unlike with other types of tenancy, with tenants at sufferance, you can evict them without using a notice to quit.  On August 1, go, or have your attorney go, to the local Housing Court to start the process.  You will then have to serve the tenants at sufferance with notice of the eviction hearing in the form of the summons and complaint.  Use a constable for service of eviction documents.

If you have already accepted rent from the tenants for August, then you have created a tenancy at will and must evict them as you would any other tenant at will.  A landlord can accept money from tenants at sufferance without creating a new tenancy, but must take the money for "use and occupancy only."  There should be standard language on the receipt for any such money accepted stating that you accept the money or use and occupancy only, not as rent, and that your acceptance of the money does not create or reinstate any tenancy. 

You should try talking the tenants out of the unit by the end of the month.  Although the eviction process is long, eventually, you will end up in the unit and they will end up evicted.  Perhaps you could convince them that it is in the interest of both children, yours and theirs, to be settled in new homes before school starts.  Good luck.

 

 

Additional examples of tenants at sufferance in MA

In addition to the situation described above (tenant with a lease refuses to move out at end of the lease period and has no right of renewal), a tenancy at sufferance is also created when:  (1) a tenant with a lease remains in an apartment after the expiration of a valid notice to quit (30 day or 14 day for non-payment of rent); (2) a tenant at will stays in the apartment after the expiration of a valid notice to quit (30 day or 14 day for non-payment of rent); (3) a sub-tenant holds over after the expiration of the original tenant's lease; or (4) a tenant stays in an apartment after the landlord obtains a court order giving him permission to evict the tenant.

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