Legal Question in Landlord & Tenant Law in Massachusetts
Eviction of family member from parent's house
Hi. My last remaining parent recently passed and the estate would like to sell their house. Unfortunately, a family member has lived there for years (rent free) and is not in any hurry to vacate. We tried to have the police make him leave, but they would not get involved, calling it a civil matter. Anyway, do I have to use summary process and serve him with a notice to quit? He never paid rent, but he's lived there for many years (over 20 as adult), with parents up until about a year ago. It seems like he was never really a ''tenant,'' per se.
3 Answers from Attorneys
Re: Eviction of family member from parent's house
The executor or administratrix, in his or her official capacity, will need to serve a notice to quit and commence summary process if the tenant does not leave.
If the family member living in the home does not own it, he will be considered a tenant for the purposes of the law. Please do not hesitate to contact this office if you would like to consult with an attorney.
Re: Eviction of family member from parent's house
The executor or administrator of the estate will have to give him Notice to Quit and commence Summary Process.
Please feel free to contact this office for assistance.
Re: Eviction of family member from parent's house
My condolences on the loss of your parent.
The executor or ddministrator of the estate must send a proper notice to quit, followed by a summary process action to evict the resident family member, whom the court will treat as a tenant. Good Luck!
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