Massachusetts  |  Landlord & Tenant Law

Legal Question

Asked on: 9/11/13, 4:42 pm

I have rented a single home with a basement apartment. Legally I can rent the whole house or both but the basement tenant must be related to the tenant of the main house upstairs to be legal. Well I rent the basement separately (no relation) and was inspected by the city and was told the tenants need to vacate within 30 days because of it being illegal to rent to two separate families. I gave them an eviction notice of 30 days. The tenants seem to think they can live there for free now and refuse to leave. My next step is to get a court eviction ..Am I correct? What are my rights as to withholding the security deposit as a months rent?...Do I need their consent ? Also what are their rights as to being rented an illegal Apartment by me...Can they withhold rent or sue me? The City has not pressured me yet...who has the more rights ??? The tenant or Landlord ?

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