Inheriting a property isn’t always the financial windfall that it appears to be on paper. If a tenant occupies it, you need to know their legal rights and your responsibilities. This guide will walk you through evicting someone from a property you’ve inherited in Massachusetts, covering everything from understanding tenant rights to navigating the legal eviction process.
Key Takeaways
- Evictions require proper notice, a summary process lawsuit, and potentially hiring a sheriff to enforce the eviction legally.
- Month-to-month tenancies can be terminated with a 30-day notice, giving you more control over inherited property management.
- Offering tenants a financial incentive to leave can be an effective, amicable solution to regain possession of inherited property.
Tenant Rights in Massachusetts
Before taking any steps toward eviction, it’s essential to familiarize yourself with tenant rights in Massachusetts. The state is known for its strong tenant protections, meaning you must adhere to specific legal procedures as a landlord. Tenants can remain in the property until you legally terminate their lease. This applies whether they are under a fixed-term lease or a month-to-month tenancy.
We wrote a blog about Massachusetts tenant rights when a house is sold, which details how to legally remove existing tenants.
Fixed-Year Leases
If the inherited property has a fixed-term tenant, you are generally required to honor the lease terms until it expires. You cannot evict the tenant before the lease term ends unless they violate the lease agreement, such as by failing to pay rent or engaging in illegal activities on the property.
At the end of a lease term, if neither party officially ends the lease, it will move to a month-to-month lease.
Month-to-Month Tenancies
If the tenant is on a month-to-month tenancy, you have more flexibility. In Massachusetts, you can terminate a month-to-month tenancy by giving the tenant a written notice to quit. The notice period is typically 30 days, but it must be at least one full rental period in advance. If the tenant pays rent on the first of the month, you must give notice by the end of the previous month.
Filing an Eviction Lawsuit (Summary Process)
You can only evict a tenant if they’re unlawfully occupying the property. If their lease has expired, they violated the lease terms, or they’re squatters.
If you decide to evict the tenant, you must give them a written notice to quit. The notice period varies based on the type of tenancy:
- Month-to-Month Tenancy: A 30-day notice is required.
- Fixed-Term Lease: You must wait until the lease expires unless the tenant violates the lease.
The notice to quit should include the following details:
- The date by which the tenant must vacate the property.
- A statement that the tenancy is being terminated.
- Your contact information as the new property owner.
If the tenant does not vacate the property by the end of the notice period, you must file an eviction lawsuit, known as a summary process, in the Massachusetts Housing Court. This is a legal proceeding where you, as the landlord, ask the court to order the tenant to leave the property.
Steps to file a summary process:
- File a Complaint: Visit the local Housing Court to file a summary process complaint. You’ll need to provide documentation, including the lease agreement and the notice to quit.
- Serve the Tenant: After filing, the court will issue a summons and complaint, which a sheriff or constable must serve to the tenant. This informs the tenant of the eviction lawsuit and the court hearing date.
- Attend the Hearing: Both you and the tenant will have the opportunity to present your case at the hearing. The judge will review the evidence and determine whether to grant the eviction.
Obtaining A Judgement
If the court rules in your favor, you will receive a judgment for possession, meaning you have the legal right to take back the property. The tenant will be given a specific period, usually 10 days, to vacate the property voluntarily.
Request a Writ of Execution
If the tenant still does not leave after the judgment period, you can request a writ of execution from the court. This document authorizes a sheriff or constable to remove the tenant and their belongings from the property.
Hire a Sheriff to Enforce the Eviction
The final step in the eviction process is to hire a sheriff or constable to enforce the eviction. If the tenant has not vacated by the deadline set in the writ of execution, the sheriff or constable will physically remove the tenant and their belongings from the property.
Planning To Sell? Then You Need To Negotiate
You may find it easier to sell your inherited property without tenants. Most buyers, especially SFH buyers, don’t want to purchase a property with someone already living there. As we discussed, you can’t evict a tenant with an active lease.
One option is to offer them a financial incentive, known as “cash for keys.” This may encourage the tenant to vacate voluntarily without needing to run down their lease.
Conclusion
Inheriting property with existing tenants in Massachusetts requires careful consideration and adherence to legal procedures. Whether the tenancy is month-to-month or fixed-term, understanding tenant rights and following the correct eviction process is crucial to avoid legal complications. By reviewing the lease agreement, providing the appropriate notice, and following the steps outlined in this guide, you can successfully navigate the eviction process and take control of your inherited property.
Remember, evicting a tenant is often a last resort. Whenever possible, try to negotiate an amicable resolution with the tenant. However, if eviction is necessary, following the legal process diligently will help protect your rights as a property owner.
