Upon giving tenants notice, they said that they would be out by the end of the six weeks given. Now that I check to get some kind of confirmation that they would be moving out, all of a sudden they say they have a 2 month old baby and can’t find a place. Initially, they said they were looking for a 3 bedrm instead of the current 2 bedrm they occupy. Now, in my recent contact, they increase the size to a 4 bdrm and say they have problems finding. They dare me to take them to court saying that they have always paid their rent on time, so I have to wait until they find a place that they like, and that the law would be in their favor when a baby is involved (they brought into the home)and old people. Could you tell me if I have a recourse to get them out, and if so what? I am frustrated.
Submitted by Dixxie on Sat, 08/08/2009 - 21:23
Editor's Response
I'm assuming these are tenant's at will. Look, you just need to start and finish the process. You can take their money after you give them a notice to quit, but make sure the receipt says you are taking it for use and occupancy and not to reinstate the tenancy. When you get to court, YES, you may find a judge who wants to give the tenants more time, but you can point out that you have already given them a lot of time. In any case, as long as you follow the process (see numerous posts on this site and on other sites on the Internet re eviction process), and as long as you are not evicting them for an illegal reason--such as in retaliation for them reporting a code violation--you will eventually get the unit back. Good luck.
Tenants Will Not Leave
Editor, first let me say thank you for your response. You were correct in your assumption -- they are tenants at will.
I shall go to Housing Court to file eviction papers the day after their expected move out date, if they remain in the house. With that said, I will definitely follow your advice when writing the receipt.
I must add, after chatting with friends it seems that MA Housing laws re: Landlords and Tenants are 100% in the tenants’ favor, especially when compared to some of the other States.