Tenant rights and evictions: What you should know

Legal

If you are a tenant in Boston or anywhere in Massachusetts, it is important to understand your rights regarding evictions. Evictions can create a lot of stress, but knowing when and why a landlord can terminate your lease enables you to protect yourself. Massachusetts law provides you with broad protections that require a landlord to follow certain procedures in evicting you.

This article will describe some common reasons landlords can terminate a lease. Continue reading as we explain when a landlord can evict you without cause, and provide some important steps to follow if you are faced with an eviction.

Common reasons landlords can terminate a lease

There are certain, specific, legal reasons a landlord can end a lease. By understanding these reasons, you are equipped to understand what to expect and determine what actions to take if you receive a termination of lease.

1. Non-Payment of Rent

The most frequent reason for lease termination is failure to pay rent in a timely manner. Your landlord can give you notice that requires you to pay, and if you don’t pay on time, they can begin the eviction process. Remaining current on paying your rent and communicating any difficulties early on can help avoid this situation.

2. Violation of Lease Terms

Your lease will require you to follow rules, and if you violate the rules (for example, having pets that are not allowed, breaking property rules, and subletting without tenant approval), your landlord may end your lease. Leases will provide these rules, so always read your lease and comply to avoid this issue.

3. Damage to the Property

Causing significant damage beyond standard wear and tear can result in lease termination. Landlords are assuming tenants will maintain the integrity of the property. Once damages affect safety or ultimately compromise livability, landlords can compel repairs or pursue eviction if the damages are severe.

4. Engaging in Illegal Activity

Any illegal activity that happens on the premises, such as drug use or criminal behavior, will enable landlords to have significant legal standing to evict tenants immediately. Law enforcement may intervene, and landlords are ultimately protecting the interests of other tenants and the property itself by terminating the lease.

5. Owner Move-In or Renovation

In some instances, landlords can terminate a lease if they or an immediate family member are going to move into the leasehold premises or if the property needs to undergo major renovations. 

Under Massachusetts law, landlords must provide correct notice, and the claim must be legitimate, meaning that the landlord is not attempting to evict without cause. If you do get this notice, it’s important to verify the circumstances.

Can a Landlord Evict You for No Reason in Massachusetts? Legal Protections Explained

Understanding if can a landlord evict you for no reason in Massachusetts is important for every tenant. Here’s what that looks like in terms of protections for you:

Eviction Requires a Legal Reason

In Massachusetts, a landlord can evict a tenant during the lease term only if the landlord has a legal basis (for example, non-payment of rent, breach of lease terms, or engaging in illegal activities). Even if your lease has ended or you are month-to-month, the landlord must give you a written notice before beginning to evict you, and follow specific timeframes.

No “Self-Help” Evictions Allowed

It is illegal for a landlord to physically force you out of your property or residence by changing locks, turning off utilities, or throwing your belongings out. You can only be removed from your residence by a court and only after the landlord has filed an eviction case in court (a court order). If your landlord attempts a “self-help” eviction, you may have a legal basis for a claim, and you may be entitled to damages.

What About “No-Fault” or “No-Cause” Evictions?

Even if you did nothing wrong, a landlord cannot evict you for no reason. If you are on a fixed-term lease, you are entitled to be in the unit until the term expires. 

When your lease term expires, or if you are renting “at will” (month-to-month), the landlord can end the tenancy, but they must give you written advance notice of 30 days (or one full rental period’s notice if longer), in accordance with the state’s rules to the letter. 

If you do not leave, the landlord will be required to file for eviction in court, and you will be entitled to a hearing.

Extra Protections and Right to Defend Yourself

As a tenant, you have the right to have your day in court. You are entitled to tell your side of the story, to provide evidence, and to assert defenses such as improper notice or retaliation. Every eviction case is reviewed by a judge to verify that the laws have been followed. 

The chances of a court case are why real estate investors hire expert property managers to handle the legal and communication aspects of property management. Property managers in Boston are known for their expertise in handling both residential and commercial real estate.

Steps to take if you face an eviction

Eviction can be a daunting process; however, taking a proactive approach will help preserve your rights and increase the chances of a favorable outcome. If you receive an eviction notice in Massachusetts, here is what you should do:

1. Read the Notice Carefully

When you first receive a notice, it is easy to ignore it and throw it aside. Look at what type of notice it is! What is the reason for your eviction? What deadlines are you facing? Will you need to provide a response? Massachusetts law requires landlords to inform tenants what the reason is that they are asking them to leave the property and to notify tenants in writing.

2. Know Your Rights

You do not have to leave your home just because you received an eviction notice. In Massachusetts, only a judge can legally order your eviction after a court hearing. You can continue living in your home until your case has been heard in court and you have had a chance to speak for yourself.

3. Communicate with Your Landlord or Property Manager

Problems that arise during the eviction process, such as late rent or confusion over the lease, can often be resolved through communication. Tenants are encouraged to talk with their landlord or property manager. 

There is always the opportunity to work out a plan to pay what is owed, or to more generally remedy the problem in conjunction. For Boston tenants, many experienced managers know the best-practice solutions and have mediation options.

4. Gather and Organize Documentation

Begin to gather any documents that provide support for your claims. This could include your rental agreement, receipts for rent payments you have made, the eviction notice you have received, and any written correspondence you had with your landlord. Having your documents available will help to explain your side of the case to the court in a clear manner.

5. Seek Legal Advice or Advocacy Help

Remember, you are not alone because many tenants in Massachusetts use legal aid services, tenants’ unions, or local advocacy groups for help. These groups can explain your rights, assist you with filing court documents, and in some cases, represent you for free. If you live in Boston, find Boston area resources so that you have as much local information as possible.

6. Attend Your Court Hearing

You absolutely should never miss your court hearing. If you do not appear for the hearing, you will likely get a judgment entered against you. At the hearing, you will also have an opportunity to present defenses, evidence, and tell your story. Remember, only a judge can issue a formal order of eviction, so it is your right to be heard.

7. Don’t Panic—Act Promptly

Eviction is a legal process that has legal steps that guarantee protections for tenants like you within the bounds of that process. The best way to protect your home and your future is to act early, stay informed, and be ready and willing to ask for help.

Know your rights

Having knowledge of your rights, whether you’re renting in a rural or urban area, enables you to better protect your home and make informed responses. Landlords must follow strict legal procedures and have serious legal reasons to evict you.

If you are facing eviction, keep a level head, carefully read all notices, stay in touch with your landlord, look for all supporting documents, and get legal help. Remember, a court is the only entity that can order you to be evicted. This allows you the opportunity to defend yourself.