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A lease expiration doesn’t always mean a tenant will leave on time. Some stay beyond the agreed-upon term, whether by mistake, misunderstanding, or refusal to move. As a landlord, this can be frustrating, especially if you have new tenants lined up or need the property back for other reasons. While it might be tempting to change the locks or shut off utilities, doing so can lead to legal trouble. Instead, the law provides a clear process for handling holdover tenants, allowing you to regain possession of your property while avoiding unnecessary complications.
Understanding Holdover Tenants
A tenant who remains after their lease expires without your approval is known as a holdover tenant. In Massachusetts, you have two choices: accept rent and allow them to stay on a month-to-month basis or take steps to remove them. If you don’t want them there, you must follow the legal process to regain possession. Even if they continue paying rent, accepting payment could create a new tenancy. Clear communication is key, but if they refuse to leave, legal action may be necessary. Knowing your rights as a landlord will help you handle the situation correctly and efficiently.
Proper Notice to Vacate
Before taking legal action, you must give the tenant formal notice to leave the property. The type of notice depends on the lease agreement and whether the tenant is paying rent. The notice must be in writing and clearly state the deadline for vacating. Properly delivering it—either in person or through legally accepted methods—helps protect your rights. If the tenant ignores the notice, it becomes an important part of the eviction case. Following the correct steps now can prevent unnecessary delays and ensure a smoother transition to regaining possession of your property.
Filing for Eviction
If the tenant refuses to leave after receiving proper notice, the next step is filing for eviction. In Massachusetts, this process is called a Summary Process case. You must file a complaint in the appropriate Housing or District Court and serve the tenant with legal documents. The court will set a conference / mediation date where the parties will have the opportunity to mediate their differences and form a binding agreement. If the parties cannot agree at the conference date, the court will then schedule a hearing / trial date, giving both sides the chance to present their case.
At the hearing, you’ll need to show that the lease expired, proper notice was given, and the tenant has not vacated. If the judge rules in your favor, the court will issue an order requiring the tenant to leave. While this process can take time, following the correct legal steps ensures you regain possession of your property lawfully and without unnecessary setbacks.
Enforcing the Court Order
If the court rules in your favor but the tenant still refuses to leave, you cannot remove them yourself. Massachusetts law requires a sheriff or constable to carry out the eviction. Once the court issues an execution order, you must coordinate with law enforcement to schedule the removal. Attempting to force a tenant out by changing locks or removing belongings is illegal and could lead to penalties. The sheriff or constable will serve the tenant with a final notice before carrying out the eviction. Following this process ensures that the eviction is handled legally and that you regain possession properly.
Avoiding Unlawful Eviction Actions
Taking matters into your own hands can lead to serious legal consequences. Changing the locks, shutting off utilities, or removing a tenant’s belongings without a court order is illegal in Massachusetts. These actions could result in fines, legal claims, or delays in regaining possession of your property. Even if a tenant refuses to leave, you must follow the proper legal process. Handling the situation correctly protects your rights and prevents unnecessary complications down the line.
Get Legal Help with Tenant Removal
Dealing with a tenant who won’t leave can be stressful, but you don’t have to handle it alone. At LaFountain & Wollman P.C., we will guide you through the legal process to protect your rights and reclaim your property. Contact us today to discuss your situation and explore your options.