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Eviction due to having overnight guest for one night

I have been at my apartment for 4 years, the first 3 I paid my own rent. Last year was approved for section 8. This past Saturday night I had a friend sleep over. Early Sunday morning I hear a loud slamming on my door. It was my landlord (who lives next door) standing there with my friend. My friend had forgotten something but my door was locked and my phone was dead. My landlord sees him outside and starts yelling at him and asking why he was here. My landlord then walks him in through the front hall and that's when he starts slamming on my door. My landlord waits till my friend leaves shuts the door and starts screaming in my face. Saying he's not doing this, he's not getting in trouble with section 8 and he threatened that he was going to housing on Monday to drop it. Mind you, I know the section 8 laws, this was one night. My lease between the landlord and I state I am allowed overnight guest for up to 10 days, anything after that is $10 per day. Monday I went to housing and explained my situation. To which they confirmed what he did was wrong. I got home and was hand delivered an eviction notice. I have until 7/31/17 to get out. I've always been a great tenant with absolutely no issues. I tried talking it out with them through text and I was told to stop contacting them. And they are sick of my boyfriend's! I have only had 1 since I moved in 4 years prior! What are my legal rights here???

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Submitted Thu, 06/08/2017 - 10:11

To begin with, what you received is probably a Notice to Quit. This is not actually an eviction, it's the first step in an eviction. All a notice to quit does is terminate your tenancy. For a Section 8 tenant, you can only be evicted for cause. So what this means, is that if you refuse to leave by the date on the notice, your landlord will have to file a Summary Process court case against you in order to actually evict you. At that hearing, he will have to PROVE that you violated a the lease. Testimony from you and your friend that they were only there for 1 night should be enough to overcome that. If he does anything to prevent you from staying without a court order, talk to an attorney immediately. You may also want to file an answer and counterclaim against your landlord for interfering with your tenancy and breaching the covenant of quiet enjoyment.

Atty. David Owens
Grolman LLP
617-859-8966
david@grolmanllp.com



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