Massachusetts Complaint regarding double rent damages for holdover
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FAQ
If you are a tenant at sufferance, a landlord must still go to court and ask the court for permission to evict you. Even though the landlord does not have to send you a notice to quit before asking the court for permission to evict you, if she goes to court, she must send you notice of the eviction hearing .
Non-renewal of the lease after the rental period ends In Massachusetts, landlords cannot evict a tenant or force them to vacate the property without probable cause. As long as the tenant does not violate any rules, they can stay until their rental period ends.
Physical move out To physically remove the tenant from your apartment, you must hire a constable and a moving company, if the tenant has refused your request to go. The constable must give the tenant 48 hours notice that s/he is coming with the truck.
As long as the tenant does not violate any rules, they can stay until their rental period ends. But if they stay in the property even a day after their lease/rental agreement ends and have not arranged for a renewal, landlords can issue a written 30-Day Notice to Vacate.
This requires a standard eviction action, including a 14-day notice. For the holdover tenant, the process is similar to an eviction action except the landlord is not required to give a notice to quit. This is true even if the landlord had been accepting rent after the expiration of the lease.
Holdover tenant refers to a renter staying in the property after their lease terminates without signing a new lease. In this situation, the landlord may take steps to remove the tenant from the property or bind the tenant to a new lease.
In addition, the Massachusetts Communities and Development Housing Services Program or the local housing court can help resolve a dispute between a landlord and a tenant. If you need help, please contact the Attorney General's Consumer Hotline at (617) 727-8400.
However, you must make reasonable efforts to find a new tenant to take over the balance of the former tenant's lease. This is known as the landlord's duty to mitigate damages. You have a Tenancy at Will when, with your permission, a person occupies your apartment, paying rent regularly, usually monthly.
