[kaspar]

OK,me and my girlfriend got an apartment with another couple,needless to say,it didn't work out as most people warned us.The girls got into an argument,they said they were moving out,nothings happened yet.Now in more recent times,they keep stealing stuff from us,and leaving the place a disaster.can we kick them out? Also our lease says that me and my girlfriend are the"tenants" and that the other couple are just "occupants"


Any information would be helpful as of right now

Thanks in advance


kaspar

[N0help4u]

You have to give a written eviction notice. The amount of time depends on your state. Then when she doesn't leave by the eviction date you have to go to court and get an eviction notice from there.

Most states eviction notice laws range from three days to thirty days.

If you just kick them out then they can sue.

I will check on Mass. Eviction law

[N0help4u]

A tenancy under a lease generally lasts until the end
Date stated in the lease. If you have a lease and
Your landlord wants to evict you before your
Lease has ended, she may evict you only for:
�� Violating your lease, if the lease states that
The landlord may evict for such a violation,
�� Not paying rent, or
�� Using the apartment for illegal purposes.2
If your lease says that your landlord can evict
Without going to court, this part of your lease is
Illegal.

http://www.masslegalhelp.org/uploads...tions-2008.pdf

There are two main types of tenancies in Massachusetts; one at will and one under a lease.
If a tenancy is oral or even if it is in writing, with the provision that either the landlord or tenant can terminate the relationship by giving a notice that is equal to the interval between the days of payment or thirty (30) days, whichever is longer, it is a tenancy at will. One can easily obtain this Notice to Quit from a legal stationery store, a constable, or a rental housing association.

Most Massachusetts evictions are brought for non-payment of rent. If a tenancy at will (no lease) is being terminated for nonpayment of rent, the landlord must give a written fourteen (14) days Notice to Quit to the tenant. Again, one can easily obtain this notice from a legal stationery store, Rental Housing Association, or from a Constable.
Do not utilize a fourteen (14) days Notice to Quit which is designed for a tenant under a lease, as there are distinct differences.

If the tenant is under a lease, you must examine the lease to determine how much time is required. If the reason is nonpayment of rent, by statute, you must give a written (14) days Notice to Quit.

After the notice to quit has run its course, the landlord can now proceed to serve a Summary Process Summons and Complaint form upon the tenant. Only an authorized Massachusetts Constable or Sheriff can serve this process. The Summary Process Summons and Complaint form is first obtained from the court. The Constable or Sheriff generally will assist the landlord in helping to fill out the Complaint form.


While non-payment of rent may be a legitimate reason for the landlord to attempt to evict you from the premises, he must first take certain steps. The landlord must send you a 14-day notice to quit, and if this is your first notice during the last 12 months he must give you at least 10 days to pay any back rent you owe. Even if you cannot to pay the back rent, the landlord cannot just throw your property into the street. In order to physically evict you, the landlord must go to court and obtain an order for eviction, and you should receive notice to appear at this hearing. After he gets and eviction order, the landlord may physically remove your belongings and place them into storage you (may also be responsible for the storage cost).

Massachusetts Evictions

[kaspar]

I have seen many "grey"area on the laws,I'm NOT the landlord.me and my girlfriend signed the lease,they as I said before ,just occupants.I can't find anything on any website about this.also does it matter if one of the two "occupants" are under 18?

[N0help4u]

You have to evict them legally with a written notice and then court. There is no two ways about that. You can ask the landlord to do it but I believe you can do it as well since they are considered occupants rather than tenants.

[kaspar]

Ill have to ask him next time I see him

[AK lawyer]

If you just kick them out then they can sue.

There are many threads here in the subject of getting rid of unwanted guests.

It comes down to what you mean by "kick out". You can tell them "Get out!", and if they do so your problem is solved.

On the other hand, as I think Nohelp was trying to say, you can't use force to make them leave.

[kaspar]

Oh,OK I think I'm seeing the difference.. but I don't see a clear difference,legally what's the difference? Can this be proven in court?if sure if I told them to leave they would,bt I just want to cover all my problems before they arrise