Legal Question in Landlord & Tenant Law in Massachusetts

I own/live in a 3 family home, my tenants are always outside in our yard and driveway drinking alcohol. We haven't said anything up until this point but we would like to put a stop to it due to liability issues not to mention the neighbors are not very happy with it. The tenant is a tenant at will, what steps should I take as far as sending a letter, talk to the tenant, etc.


Asked on 5/18/11, 2:02 pm

2 Answers from Attorneys

First, you need to review the terms of the lease which you signed. If the lease states you have a right to make or change rules from time to time, you can make a limited number of restrictions such as the consumption of alcohol other than in the back yard is prohibited and some reasonable restrictions on noise.

You cannot prohibit the consumption of alcohol outside altogether. You can keep it away from your neighbors and require other restricitons.

You can also send a 30 day notice to quit, which if they are month to month tenant is your privilidge. They may fight eviction. Another way is to ask for a new lease with an increase in rent and restrictions on consumption of alcohol in public areas, but you can't prohibit it altogether.

Good Luck

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Answered on 5/18/11, 2:18 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

If I were you, I would send them a letter stating your preference that they do not drink alcohol in the front yard and driveway area. If you are simply dissatisfied with them as tenants, you have the right to evict them simply by giving them 30 day's notice via a legally sufficient Notice to Quit. You should retain counsel to accomplish this, as one minor mistake in the process can jeopardize the entire eviction.

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Answered on 5/19/11, 6:14 am


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