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I'm looking for information regarding the eviction of a family member in Plymouth County. She is not paying rent and is refusing to leave. Is she considered a tenant or licensee in Massachusetts? How much notice needs to be given before filing suit for a Court Order - 7 days, 14 days, 30 days?

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Submitted Mon, 11/26/2018 - 09:08

Thank you for your question.

If you are going to attempt to evict a tenant - even if they are a family member - you will need to properly terminate the tenancy. The amount and type of notice depends on the circumstances. If the agreed monthly rent is zero, a 14 day notice to quit for non-payment won't work. If they are supposed to be paying some sort of rent and haven't, you can send a 14 day notice to quit for non-payment. Unless you have a lease, you will probably need to send at least a full month's notice, meaning notice by the end of November will terminate tenancy January 1, 2019.

The best recommendation I can give is to retain legal counsel. You are more than welcome to contact our office for assistance. Best, Christopher Vaughn-Martel, Esq. 617-357-4898

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