[tagr29]

My roommate/ex-boyfriend is in jail indefinitely in TX. We lived in MA and he wasn't paying rent before his "incident" What are my best resources to help start the eviction process? Also, his parents came and moved approx 75% of his possesions to storage, have I violated any laws? He's threatened to sue me (if I dispose of the rest of his things) and I want to have all of my bases covered from this point forward.
Once I send the notice of termination can I immediately file with the courts or do I need to wait out the 30 days?
We're also in a tenant at will agreement with my landlord, does that help me any? Can I change the locks or do I have to wait?
Thanks for any help you can provide!

[jcaliendo]

I can't see any laws you broke.. you do need to evict him,but since you know were he is the sherriffs dept can serve him in jail.also you may want to think about an order of protection also know as restaining order.whe and if he gets out of jail.

[redlilly1208]

Honey if he is in prison you have the right to "evict" him and find a new tenant. Is he on your lease with you? If not do you two have a written lease agreement between you two? If not then is there any WRITTEN or DOCUMENTED kind of thing that you wrote up for his lease? If there isn't any of this you have every right to throw his *** out without any say, but to cover your butt anyway make a written document and file it with the courts stating that your evicting him and finding a new tenant due to him being in prison mke sure to state that he wasn't paying rent either. But unless you have documentation for his lease he has no say in if he was ACTUALLY renting from you at all.

[AK lawyer]

... Can I change the locks ...

Yes. He has clearly "abandoned" the premises. So he cannot sue you for wrongful ouster. And I see no reason that you should have to go to court to evict him.

But why change them? Are you thinking his parents, or someone acting in his behalf, will enter the premises?

[AK lawyer]

... make a written document and file it with the courts stating that your evicting him and finding a new tenant due to him being in prison mke sure to state that he wasnt paying rent either. but unless you have documentation for his lease he has no say in if he was ACTUALLY renting from you at all.

Redilly, I have to disagree with you on a couple of points:

1. Generally one can't file a document with the courts unless it's part of a lawsuit. Filing a statement with the courts, absent an eviction suit, isn't how it works, generally.
2. Courts find all the time that unwritten rental agreements exist.

[ScottGem]

honey if he is in prison you have the right to "evict" him and find a new tenant. is he on your lease with you? if not do you two have a written lease agreement between you two? if not then is there any WRITTEN or DOCUMENTED kind of thing that you wrote up for his lease? if there isnt any of this you have every right to throw his *** out without any say, ... but unless you have documentation for his lease he has no say in if he was ACTUALLY renting from you at all.

This is incorrect advice. There does not need to be a written lease to show residency.

On the other hand if he has been convicted and imprisoned then he would be considered to have vacated the premises.

[tagr29]

Thanks for your input!
AK Lawyer: I'd like to change the locks for "peace of mind"

Also, I'm concerned about MA not allowing "self help evictions" which may be what I did by allowing his parents to take his possesions to storage. That law also doesn't allow for locks to be changed.

[ScottGem]

True, changing the locks until you have been granted repossession by a court could be considered an illegal eviction. On the other hand, the landlord can change the locks as long as he gives you a key. You would then have to give your boyfriend a key if he shows up to demand one. But since he's in jail, that will probably not happen.

But reading over this, its not clear whether he is on the lease or not. How you proceed depends on that.