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chad_trooper t1_izug44u wrote

He lives there right? As in, his primary address? License, mail, documents..... Whatever, he uses it at his address? Hate to break it to you, but you're shit out of luck. Lease or not, he lives there. Plenty of people are tenants at will, not under any leases. You're gonna have to go through the gauntlet of evicting him.

It's a different story if it's a domestic violence situation, which it sounds like it's not. But he is a tenant, and he has rights. Last thing you want to do is throw his stuff out/change the locks

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RealtorInMA t1_izugi1a wrote

Yes he is your tenant. You have to serve him legal notice to quit with 30 days notice, after which you can begin eviction. It's not that complicated, honestly, but if you can afford it, I suggest hiring an attorney to handle the whole thing.

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[deleted] OP t1_izugtq0 wrote

Connect with a lawyer to make sure all the bases get covered.

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modernhomeowner t1_izujx63 wrote

This is something a legal service plan works great for. It's many times offered as a voluntary employee benefit for $5-10 a week, or could be purchased on your own. As an employee benefits agent myself, I tell people I don't sell these plans to get rich, I sell them because it saves you from going broke. They let you get advice on any legal matter so it saves you from getting into bigger legal trouble later on. I'd check to see if your workplace offers it and see if you can get enrolled now; some plans would allow you to get assistance on this very matter right away, saving you on lawyer fees right from the start.

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chad_trooper t1_izuk15t wrote

Replying to [deleted] (#909,249)

You're obviously angry and upset. And for obvious reasons. But the simple fact is that he legally lives there. And you can't illegally kick him out. The faster you start the process, the better. You are looking at a minimum of two months. Between 30 day notice, then eviction and court date, followed by courts likely giving him a fair bit of time to find a place (especially since it's winter)

The faster you get the ball rolling, the better

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RealtorInMA t1_izulixe wrote

Replying to [deleted] (#909,214)

It's best to deliver legal notice to quit through official means. Look up a constable and have them deliver it. I'm not familiar with the legal term "lodger," but again, if you can afford it, working with an attorney will help you stay out of trouble. If you think he may become violent or retaliate, get yourself and your valuables out of the house.

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psychout7 t1_izulotj wrote

Replying to [deleted] (#909,254)

If you file for eviction it will.have consequences. He'll find it very hard to find a new apartment if he has an eviction on his record.

It just, unfortunately, won't be satisfying for you because you won't see him experience the consequences of his actions

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TheTr7nity t1_izuom4o wrote

Massachusetts laws are ridiculous. They protect the tenant but do nothing for the homeowners especially in these situations. My advice to you… GET A LAWYER! The faster you do that, the faster you can start the process of getting this freeloader out.

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twoscoop t1_izuoo9z wrote

Replying to [deleted] (#909,419)

Well, if you feel safe, give the night, call a lawyer tmrw. The guy at this point is trespassing in a sense. You don't want LEO but, this most likely will end with that. If he has no where to go, tell him to move to florida, its warmer.

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Equivalent_Warthog22 t1_izutntr wrote

You’re not a landlord. No money has changed hands. He’s a guest and his time is up.

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savory_thing t1_izuvcsw wrote

Replying to [deleted] (#909,214)

That’s not how the law works. Do you own the place? Are you a tenant yourself and if so who’s on the lease with you? You really should consult with a lawyer specializing in real estate law, Massachusetts is notorious for being unfriendly to landlords. You may be better off offering him some cash to vacate, it could take months and cost you a lot to formally evict him.

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OccidentallySlain t1_izuwo8e wrote

Replying to [deleted] (#909,425)

lmao 'sad'. Reminds me of a certain cut-throat slum lord's son.

Imagine changing your whole living situation then having that long-term living arrangement you never got a signed document for ended by someone else based on how they're feeling.

He should've gotten a subletting agreement on paper and really shouldn't be a dick to the leaseholder but all we've seen is your side of things and he might have his reasons. If you let him move in there then by law he is a tenant, legal documents or not.

MA law prevents tenants from having their lives upended without notice. You're still evicting them and they still have to go through the sucky process of moving out but you're not allowed to just call the police and throw someone and their belongings off the property you allowed them into the second you're not feeling it anymore. Big whoop. If it was happening to you, you'd call yourself a victim of a landlord, not a freeloader. Not his fault you didn't ask for rent; you let him live there rent free, that was the agreement you both abided by until you decided it was a retroactive problem.

There is a clear separation between property/habitation and relationship status in the eyes of the law so unless they are putting you in danger by living there you're just looking for a way to make their life harder than you're already about to make it.

Serve him the papers and suck it up. Spend time elsewhere if you really can't deal with them leaving you alone and staying in a separate area of the apartment. At least you're not the one moving out.

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OccidentallySlain t1_izuxj2u wrote

Replying to [deleted] (#909,249)

He's a squatter if he stays past an eviction deadline. He's a slandered tenant if you just sit there telling him to leave without following the legal process and complaining in a public forum.

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OccidentallySlain t1_izuy2sh wrote

Replying to [deleted] (#909,404)

Are you their landlord or their soon-to-be-ex-partner? I've never heard about a good relationship where you were partners then when you moved in you considered yourself their landlord. Maybe you're into that I guess.

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OccidentallySlain t1_izuyxs8 wrote

Replying to [deleted] (#909,835)

Hey there 10-ply, to quote myself from two minutes ago:

Not his fault you didn't ask for rent; you let him live there rent free, that was the agreement you both abided by until you decided it was a retroactive problem.

There is a clear separation between property/habitation and relationship status in the eyes of the law so unless they are putting you in danger by living there you're just looking for a way to make their life harder than you're already about to make it.

Serve him the papers and suck it up.

​

In regards to 'if it was me', hope it never will be for your sake but I sincerely doubt that.

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savory_thing t1_izuzu6k wrote

Replying to [deleted] (#909,777)

I wouldn’t be overly concerned with him suing you, if I were you I’d be concerned about him squatting in your place for however many months it takes to legally evict him. Presumably you’re done with him and your quality of life will be negatively impacted by having him present where you live. Not to mention how much physical damage he could potentially do to your property.

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OccidentallySlain t1_izv0fh8 wrote

Replying to [deleted] (#909,875)

It sounds like he's forcing you to be a landlord for you to have your way. I can understand that and the frustration that goes with it but in the eyes of the law you have to act as a landlord. As others have said an eviction notice stays on a record and most apartments won't rent to him once you evict him. It's not smart for him to do this in the long run but you have to follow the law or deal with the consequences.

Bemoaning the law meant to protect people and acting like he's always been a problem is bad form.

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OccidentallySlain t1_izv1iy4 wrote

Replying to [deleted] (#909,921)

Act super soft and be called as much.

Sad yes, lonely no. It would seem I and the person I cohabitate with get along fine.

Good job complaining about how black the void is after choosing to stare into it long enough to get a response, random reddit person. I like your avant garde ampersand useage.

It's been a fun break from homework but you're too close to a troll for me to continue to feed you. In the future, try to find a boyfriend that will sign a leasing agreement that has a same-day eviction clause before you let him move in with you, and maybe try a prenup so they can never have any part of your assets.

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savory_thing t1_izv20mp wrote

Replying to [deleted] (#909,966)

I know. That’s why I was suggesting paying him to move out. It seems counterintuitive I know, and I hate that our laws put people like you in such horrible positions, but maybe if you helped him get into his own apartment by giving him some strings-attached cash you could save yourself the pain of the formal eviction process. Does he deserve to be evicted and have that on his record? Hell yes! Do you deserve the inconvenience and expense of making that happen? Hell no! Is it worth it to you to give him what is essentially a bribe to vacate? Only you can answer that. I still think it’s worth your time to at least have an initial consult with a lawyer. I have passed the mass real estate license exam and am a real estate investor, but I’m not a lawyer, and a lawyer specializing in real estate law would be far better positioned to give you advice than I or anyone else here.

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savory_thing t1_izv45fn wrote

Replying to [deleted] (#910,087)

I’m not sure what other options may be open to you. I would say whatever route you choose to go down, having a lawyer to guide you through it would be the best help for you. I wouldn’t want to go through the eviction process myself without a lawyer’s advice, God forbid you miss crossing a t or dotting an i and it resets you back to square one. And it sounds like you’re dealing with someone who would take full advantage of any missteps you may make. I feel bad for you and wish I could come up with some kind of silver bullet that would resolve the situation for you.

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wombat5003 t1_izv9d52 wrote

Yeah there’s no rental agreement he ain’t paying you money, just give the police a call they will tell you exactly what to do…

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wombat5003 t1_izva4xf wrote

Replying to [deleted] (#910,325)

This is just my opinion based on facts you have given..If he isn’t a tenant, and is an uninvited person in your house he is criminally trespassing on your property.. please call the police and ask them the appropriate thing to do.. what can it hurt? And since there is no communication between the two of you he has no right to be there, as you have tried to communicate… don’t let wierd behavior go on..

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savory_thing t1_izvapva wrote

Replying to [deleted] (#910,261)

He’s grown accustomed to living off from you and is in denial about that gravy train coming to an end. That’s my guess anyway. His motivation doesn’t really matter to you, except where it comes to motivating him to vacate.

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wombat5003 t1_izvcb9q wrote

Replying to [deleted] (#910,352)

I wasn’t asking you to tell the guy your gonna call them , I was just asking You to call and ask the police what your best course of action is… I highly doubt they wouldn’t give you some guidance on the situation… that’s all, but sorry was just trying to help… if they can’t help then look for a good lawyer.

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OccidentallySlain t1_izvd4i8 wrote

Had a thought and wanted to pop back in for fun.

If your bf catches wind of this and can tie your identity to your Reddit account you're setting yourself up to lose in court if you don't follow the law exactly. Maybe consider alluding to evicting him illegaly in a medium that doesn't leave a paper trail. If they get a good lawyer someone's going to go hunting for your socials to find public admissions of guilt.

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OccidentallySlain t1_izvfakr wrote

Replying to [deleted] (#910,493)

Nothing on the internet is anonymous. I try my best myself but I also post as if anyone I know might know it was me, take that how you will.

It may be easier to identify you than you think, and it may surprise you what people can do when they feel backed into a corner. On the off chance it could happen to affect you, I'd recommend never openly premeditating a crime or civil infraction on a 3rd party service such as Reddit. You may not like the situation you're dealing with but you could be making it worse on yourself. It only takes one person and the right circumstances, best to mitigate that possibility.

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PruneFormal6098 t1_izvin34 wrote

You should really talk to a housing lawyer in Massachusetts. Most of the time, they'll give you a few minutes of their time for free if you call for a consultation. I did this once after I was in a car accident -- very helpful ~10 minute conversation on how to handle that, and I didn't actually need a lawyer in the end. https://www.usa.gov/legal-aid

This situation you're in is a bit of a grey area, as you've found. Ignore the politically motivated trolls whining about how tenant friendly MA is. He's not a tenant. Worst case scenario, he's a lodger. You're not a landlord, you're a homeowner with a deadbeat roommate. Best case scenario, he's merely an unwanted house guest and you can get the cops to remove him for trespassing if he doesn't leave. A lawyer would help you figure out exactly what he is and how to remove him legally. The definitions overlap somewhat.

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Moist_Doughnut_311 t1_izvl77u wrote

Replying to [deleted] (#910,559)

Well if he doesn't respond to the Notice to Quit then you can file the eviction paperwork with the courts. After you serve the notice he might be more willing to discuss things like an adult. It may be better to wait until he gets the notice to work out some sort of agreement? This is where hiring a lawyer would be crucial.

Again sorry you're in this situation. If I was in your shoes I would be seeing red at this point. Don't stoop to his level though. If you do something like move his stuff it can really mess up the eviction process. I'd be more worried about a judge ruling against me than a civil suit.

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vitico1 t1_izvo6g9 wrote

You'll need to serve him, just hire a constable no need to hire a lawyer. A constable will write and serve him with the letter with notice to quit and vacate. God luck!

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Gratefulrubin90 t1_izwv2j1 wrote

Replying to [deleted] (#909,921)

He's got a point. If you want him out he has 30 days, the law is the law. You agreed to not have him pay. He is your "tenant" if you do not give a written 30 day notice then you won't legally get him out.

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Chippopotanuse t1_izxecm1 wrote

Replying to [deleted] (#909,425)

You are in an an abusive relationship and you don’t like living in MA? That’s what’s sad here.

My goodness. Move to Alabama or Kentucky or whatever “landlord friendly” state you think is going to give one shit about you and your boyfriend issues.

You said you are financially well off. So here’s my advice:

  1. get a lawyer who can advise you on getting your boyfriend out as well as getting whatever abuse prevention order will be needed. Your BF seems like he gives zero shits about you and likes living rent feee on your dime. He is beyond absurd to live there rent free…but he is also calling your bluff and ignoring/manipulating you until you force his hand. And instead of blaming him and getting your ass in gear to solve this, you blame MA as if our courts are your real issue.

  2. Never cohabitate with a free-loader. Regardless of what state you live in…that’s on you.

  3. Never date or cohabitate with someone who is so immature and abusive that they can’t even discuss issues like the ones you are bringing up. He was living with his goddamn mommy before you saved his struggling ass to live rent free in your pad. Guess what…you are now his mommy and how’s that going?

  4. You don’t get to shit on the state we all live in, shit on all of the common-sense advice that anyone with half a brain would accept, and then throw a wall up and say DO NOT COME FOR MEEEEE!!!

  • You dug you own hole.

  • You came here.

  • You asked for advice.

  • You know very well what is needed here.

Both you and your BF are acting like kids. You are both in shit situations of your own doing.

Time to grow up and take charge or you can keep yelling at strangers.

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LowkeyPony t1_izyn85a wrote

My husband and I ran into a similar situation about 15 years ago with a "friend" of mine. He needed a place to stay, we had an extra room. He signed am agreement to pay a certain amount per month for the room and to contribute to the food budget. Worked for about 6 months.

All of a sudden there was no money coming from him. He was in his room all the time. When I questioned him he said that his boss, a colleague of mine, had told him to take a vacation since he hadn't taken any time off all busy season. I didn't believe him so I called her. She had actually fired him for taking the farm truck after hours, without permission; getting in a small accident with it. And having a minor with him.

So I brought my kid to my moms. Picked up my husband at the train station and told him what I had found out. Then went to the local police, who told me what you have been told. By the time we got home I was done. Walked into my home and went off. Told him to get the fuck out of my house. Along with some other choice words. My husband gave him $200 and brought him to the Greyhound bus stop on the other side of my city. He left with a suitcase of clothes. But he left. Haven't heard from the loser since.

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SuburbiaNow t1_izzey1n wrote

If he never paid rent he might be considered a guest legally but in any case you MUST contact a housing lawyer to get rid of this person. You can't even put a guest's belongings out on the street without their position if they have been there long enough.

Do this today please. The situation will not resolve itself.

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LowkeyPony t1_j0232q7 wrote

Replying to [deleted] (#915,421)

You are not in the wrong. Not at all. He's a grown ass man. He needs to step up and act like one. Just move forward legally. And carefully. Some of these bastards get violent. Pretty sure I simply put the fear of God into the loser. Stand your ground.

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