How to evict a house guest in Massachusetts?

[jpr1379]

My wife and I have let a guest stay with us for the past ten months because they lost their home and job. This was supposed to be a short term arrangement,no more than three months. Not that we've asked but this person has contributed nothing to the house hold and is now recieving disability and has the means to move out on their own. This person is now causing problems in the house hold with my wife,myself and kids. We called the police to remove the person but they claimed that because the person was here more than three week we need to evict them. I live in Massachusetts so it wouldnt surprise me but I can not find anything for evicting a guest. From what I have gathered online because there is not an agreement or lease or any kind of contract they are not a tenant. I'm at a loss as what to do.

[sandyclaus]

Originally Posted by jpr1379 My wife and I have let a guest stay with us for the past ten months because they lost their home and job. This was supposed to be a short term arrangement,no more than three months. Not that we've asked but this person has contributed nothing to the house hold and is now recieving disability and has the means to move out on their own. This person is now causing problems in the house hold with my wife,myself and kids. We called the police to remove the person but they claimed that because the person was here more than three week we need to evict them. I live in Massachusetts so it wouldnt surprise me but I can not find anything for evicting a guest. From what I have gathered online because there is not an agreement or lease or any kind of contract they are not a tenant. I'm at a loss as what to do.

That's because you have misunderstood your situation.

This person has established residency, and the right to possession, due to being a resident of your home for so long. That qualifies them as a TENANT, with all the rights and protections of the law that other tenants enjoy.

If you want them to leave, you will have to follow Massachusetts law and evict them like you would any other tenant. Start by giving them notice that you are terminating their tenancy, and if they do not comply with the notice, you will have to file for a court-ordered eviction against them. You cannot lock them out, block their access to the rented premises, or forcibly remove them or their personal property from the premises without a court order.

You allowed this person to stay this long, and your failure to act sooner gives the person the right to claim himself as a tenant with legal standing. Now, if you want them leave, you are going to have to treat them as such.

[Friend In Court]

Originally Posted by jpr1379 My wife and I have let a guest stay with us for the past ten months because they lost their home and job. This was supposed to be a short term arrangement,no more than three months. Not that we've asked but this person has contributed nothing to the house hold and is now recieving disability and has the means to move out on their own. This person is now causing problems in the house hold with my wife,myself and kids. We called the police to remove the person but they claimed that because the person was here more than three week we need to evict them. I live in Massachusetts so it wouldnt surprise me but I can not find anything for evicting a guest. From what I have gathered online because there is not an agreement or lease or any kind of contract they are not a tenant. I'm at a loss as what to do.

You are correct in that they are not a tenant since you never established a landlord-tenant relationship. These "guests", now unwelcome, need to be given notice to vacate.

What you need to bring is an unlawful detainer (eviction) action against them, following procedures stipulated under Massachusetts law. The forms and procedures are available online as well as information from H.U.D.

Since they have not been tenants, are not desired on the premises, you do not have to accept rent from them to remain.

Depending upon the type of nuisance or disruption they are causing, you may also be able to get a restraining/stay away order against them -- which would force them to vacate in less time than the eviction process.

I just went through this with an ex-girlfriend. She went as far as to get a 209a order and got me thrown out of my own home. After stumbling through the system, I sent a demand for rent along with a notice to quit ( indicating that the license to live there was terminated). Terminate it on last day of the month. And then file for a summary process and have him served. Don't let him get jury trial. He is a licensee and is not entitled to counterclaims. I'm not a lawyer so I'm not sure how you can stop the jury trial. Gl