Legal Question in Real Estate Law in Massachusetts

Re: Termination of tenancy at will to avoid lead abatement

From these facts, it appears the lease has expired and the tenants are tenants at will. To terminate a tenancy at will, you need to serve a 30 Day Notice to Quit to terminate the tenancy. The notice needs to be served on the first day of the month to terminate on the last day (30th day). For example, to terminate on 11/30, you need to serve the notice on the 1st. The notice should be served by a constable or sheriff to prove actual receipt by the tenant. After the notice period has run, you will need to file a Summary Process complaint in the housing or district court. The forms are available from the clerk's office. You need to fill-out the form, serve on the tenant, file with the court and show-up at the hearing before the judge. Since there is lead paint in the unit, you may be subject to a counter-claim from the tenant. A landlord may be held liable if there is lead paint and a child under 6 resides in the unit. I would strongly suggest you hire an attorney since landlord/tenant law is very technical and one mistake may mean the case is dismissed. It is always advisable to try and negotiate with the tenant to give them time to see if they will voluntarily leave if you give them some time or even lower the rent so they can find another apartment.