Can my landlord evict me and still ask for rent?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my landlord evict me and still ask for rent?

My landlord has sent me a letter for termination. He wants me to leave but it still want the rent. I want to know if this is legal because if I pay him what money, do I have to relocate they said they need the house for their family?

Asked on March 8, 2012 under Real Estate Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have a written lease for a set term, you may only be evicted--

1) for nonpayment;

2) for material (or important) breach of terms of the lease;

3) for doing something for which the law provides for eviction, which are pretty much the things you would expect--deliberately or grossly negligently damaging the rental premises, threatening the landlord, stealing from the landlord or other tenants, etc.;

4) as the lease provides--e.g. if the lease has some clause or provision allowing for early termination (such as upon proper notice) and the landlord complies with that provision's requirements; or

5) upon the lease's expiration.

Otherwise, it does not matter if the landlord wants it for his family--if you have a written lease for a set term, you can't be evicted before the end of the term except as per items 1) to 4) above.

However, if you are on an oral lease (sometimes called a verbal lease), you are  month to monthy tenant; if that  is the case, or you are on a written lease for a month to month tenancy, you may be given 30 days notice terminating your tenancy, after which you must leave or be evicted.

You must pay rent for all time you actually are in possession, up to the termination of tenancy. If the reason for eviction is nonpayment of rent, however, and you pay, then you can stay--once you pay, nonpayment is no longer grounds for  eviction.

The landlord is free to provide you an incentive to agree to terminate your tenancy early--e.g. he or she could offer to pay your moving costs to a new location.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption