Legal Question in Real Estate Law in Massachusetts

Tenant question re: moving/eviction

I am a tenant-at-will and received a notice that I must move by March 31 (in February). The landlord returned the March rent check that I sent to them (certified mail) stating that they have my last month's rent. I do not intend to move and am not sure why they want me to move (selling house; or apartment for relative??). When should I inform them that I'm not moving? I realize that they cannot start legal proceedings until April 1.

By what date in March should I send my April rent to them?

I have been looking for an apartment or property to buy for several months and cannot find anything.

I have always paid my rent and been a good tenant, however the landlord has not made repairs. Please help!


Asked on 2/29/00, 8:14 pm

1 Answer from Attorneys

Warren Agin Swiggart & Agin, LLC

Re: Tenant question re: moving/eviction

Because you are a tenant at will and the landlord gave you thirty days notice to quit, you are legally required to move out by March 31, 2000. If you do not, the landlord must file an eviction complaint and take you to court. That process takes several weeks, but in the end the court will order you to move and, if necessary, allow the landlord to hire a sheriff to remove you from the property. If the landlord has not made repairs, you might have a defense to the eviction proceeding, which could give you a mechanism to obtain more time. In the end however, you will have to move out. You might try talking to the landlord now and negotiate more time to leave. Alternatively, the landlord may be willing to pay you something for you to move out by March 31, thus sparing him the expense of court proceedings and performing repairs. Generally, you will be responsible for paying rent until you leave, but if the condition of the apartment is poor enough, you might have a legitimate right to withhold rent payments. I strongly recommend that you consult with an attorney, or at least obtain one of the basic legal books on landlord-tenant law. MCLE publishes one.

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Answered on 3/14/00, 8:58 am


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