Can a landlord get a constable to serve an eviction notice without warning when you don’t owe rent and have done no damage?

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Can a landlord get a constable to serve an eviction notice without warning when you don’t owe rent and have done no damage?

We recieved an eviction notice today. The landlord has been angry that 2 unused vehicles are in the driveway (which we are entitled to use) pending attempts to sell the vehicles. Our working vehicles are parked on the street. He claims the unused cars are abandoned property.

Asked on May 29, 2009 under Real Estate Law, Massachusetts

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you are permitted to use the driveway in the lease, then the landlord appears to way out of line.  I would have to see what the eviction notice says as there needs to be a valid reason for evicting you.  is there a lease?  The property is not abandoned becasue you are clearly keeping the property on your leased premises and have ownership/contact info on the car so as to identify you as the owner and the fact that it is for sale shows that you have not abandoned the cars.  I suggest obtaining a lawyer to get involved and open up the communication lines with the landlord.


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