Legal Question in Landlord & Tenant Law in Massachusetts

Tenant at will rights

I am a tenant at will. My landlord sold the building I live in.I recieved a registered letter 8/12/04.At the post office I had to sign 2 forms to recieve it. I had assumed it concerned another matter.When I looked at the letter it was addressed to a wrong name(ie-missplelled)--name removed--vs Damossi). The letter states by request of the new landlord that I vacate the premises within 30 days. My mother owns property in Rhode Island and gave a tenant 6 weeks notice to vacate so that I,her son, may occupy the apartment.The tenants are refusing and I can't move untill they do.Can this be considered a hardship case and can I legally stay until I'm able.Also does the notice to vacate have to be addressed correctly by name or by address.


Asked on 8/13/04, 4:59 pm

1 Answer from Attorneys
Robert Trant Law Office of Robert R. Trant

Re: Tenant at will rights

The landlord must give you at least a full 30 days notice that corresponds to your rental period. In other words, if you pay rent on the first the landlord must serve the notice prior to the first in order for it to be effective on the 30th. In this case, the notice would not terminate your tenancy until September 30, 2004. You are not required to vacate at this time. After the notice period has expired (9/30), the landlord can file a Summary Process action and ask the judge to grant possession. You can also raise any claims you have against the landlord. It generally takes 3 weeks (approx) from the service of the case to the actual trial date. Please keep in mind that only a judge can order you out of the unit. The landlord cannot remove your property, change the locks or otherwise interefere with your tenancy without first getting a court order.

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Answered on 8/16/04, 9:45 am


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