We have a tenancy at will with our tenant who has a school-aged child. This child splits her time with our tenant and her other parent, who happens to live in in the same elementary school area as our tenant. We would like to terminate our tenancy at will by giving 30 days written notice to our tenant, but were not sure if there were any rules regarding termination of a tenancy at will during the school year. I have read that some courts, in the cases of an *eviction* will permit the tenants to finish the school year, but does that apply to termination of a tenancy at will without going through the eviction process? We don't want to run into a situation where we are forced to wait until next June to end the tenancy if we don't end it during the summer.
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Editor's Response
I have some bad news for you: Even if you serve the notice to quit today, under ideal circumstances it will be a couple of months before you get to court. After that, who knows how long it will take to actually remove the tenant? Here is how it works. Assuming a month to month with rent due on the first of the month, if you serve the notice to quit today, the tenant is not obligated to move out until the end of May. After that, if the tenant does not move out, you can serve the Summons and Complaint. If there is no discovery, and all deadlines are met, you will get a trial date some three weeks later.
There is no Massachusetts law that prohibits you from evicting during the school year, but once you get to court, the Housing Court judges have been known to be "flexible" in their decisions regarding when the tenant actually must move. In situations where the tenant has not broken the terms of the rental agreement and is paying rent, judges may give the tenant as long as six months to find a new apartment, longer if the tenant is elderly or disabled. Sorry I don't have better news for you. If you can, consider buying the tenant out of the apartment (get everything in writing). If not, I suggest you start the eviction ASAP. For more information about all of these issues, visit our Massachusetts Landlord Law Discussion Forum.