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Anonymous
Anonymous asked in Business & FinanceRenting & Real Estate · 2 months ago

Eviction notice ?

Hey there. I’ve lived in my place for over a year. My landlord sent me a text couple days ago giving me til the end of May to find a new home. I’ve been laid off and my unemployment covers my rent but nothing else. I’ve used up my savings to pay my bills for a couple months. So there’s nothing left.  I didn’t plan on having to move because I’m petrified of leaving my house. She wants to give it to her niece who’s moving to Boston. She said they’ve been talking about for about 3 months. I’m a tenant at will mind you. I’ll end up homeless because I can’t pay first and last. Can she make me move during a pandemic? 

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  • Eva
    Lv 7
    2 months ago
    Favorite Answer

    Look a the Covid related regulations in your state. In NY, they can't evict you for 3 months.

  • 2 months ago

    This is about termination of your residency agreement. If you do not agree to move out by June 1 they can probably take steps to have you evicted, which is the legal process of removing a tenant by legal force (a court order served by law enforcement). 

    Since you haven't violated the lease, this would be a no-fault eviction, which may offer you different advantages.

    The good news is that it takes at least 45 days of court to do that in Massachusetts.  The bad news is that as of the day the landlord FILES (e.g., June 2), you will be marked for life in the court records as having been subject to "eviction".

    That is a serious problem for many future landlords, even if it turns out you moved three days later -- your name is still there (in the court index) as an eviction defendant for anyone to see.  Even in a "no-fault" eviction like yours.

    Avoid this at all costs.  Work out something with the landlord. Find another place to crash until summer. Put all your stuff into storage somewhere, so that you can move on a moment's notice. 

    There are numerous tenant's advocacy groups in Boston that produce guides and other tenant-friendly information and may also hook you up with low-fee legal advice, if you're not able to handle it.

    Good luck and don't give up hope.  Boston is a very tenant-friendly environment.

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  • 2 months ago

    That is not an eviction notice

    • Nuff Sed
      Lv 7
      2 months agoReport

      Technically, it's not. In reality, the landlord CAN start the eviction process on June 1, so this is "notice" of that.

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  • R P
    Lv 7
    2 months ago

    Yes, she can give you proper notice to vacate per your state's laws.

    If you refuse to move for any reason, she will file for your eviction  as soon as the courts in your area reopen.  If you think you'll have problems moving before the end of your notice period, just wait to see how bad it will be once your landlord files for your eviction.

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  • n2mama
    Lv 7
    2 months ago

    So....technically you have been given notice to end your tenancy, which is not the same as getting evicted. Your landlord absolutely has the right to end your tenancy with proper notice on a month to month rental, so yes, this is legal (assuming text messages are considered appropriate notice).

     The question of can she make you leave is a little different. If you choose not to vacate at the end of May, she would need to start eviction proceedings to get you out of the property. Nobody knows what condition the courts will be in 7 weeks from now, but if things are open, this could happen fairly quickly. There also could be delays as the backlog of evictions from the shutdown time works their way through the system. Either way, if she gets the eviction against you, eventually you would be forced to leave, because eventually the sheriff would physically place you and your belongings on the curb. 

    Your financial situation is not her responsibility, and it doesn’t impact her ability to end your tenancy. I’m sorry for your financial struggles, you are far from alone. Will the additional help (stimulus check, additional unemployment subsidy) allow you to find something, even something short term? Can you put your things in storage and rent a room month to month, or move in with family or friends until things improve?

  • 2 months ago

    This is not an eviction notice. Your lease is being terminated. I assume as by "tenant at will" you mean you're month to month. Unless otherwise stated in the lease or by your local tenancy laws, thirty days is the usual notice period for that.

    As for whether this is legal, a number of factors would be considered, the most important of which would be local laws pertaining to the pandemic. The CARES Act put a 120 day moratorium on evictions, late fees, and issuing of notices to vacate until after July 24th, 2020.

    Not all properties are covered by the CARES Act. No one here knows enough specifics to help you tell if it is. Your best bet would be to contact either a local attorney, or to see if there local resources available to have someone help you determine if your home is covered. I would suggest starting with the FAQ section at financialservices.house.gov to cover your basics.

    Please also keep in mind that, if you are able to continue to occupy the home through July 24th under the CARES Act, you'll be expected to continue paying as normal. The CARES Act also doesn't restrict landlords from jacking up your rent with appropriate notice, so please be aware that a shitty person may take advantage of that. And, if you are covered, definitely expect another notice to vacate promptly on July 25th, since that's the first available day it can be issued for applicable properties. Plan accordingly and make sure you keep all communication in writing.

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  • 2 months ago

    I looked it up and evictions for Massachusetts are suspended until April 21st, right now.  I bet that date gets extended, but I kinda suspect it won't get extended past the end of May.  So, you'd better find somewhere to go, or move in with friends or family, or something.  

    She can evict you starting the latter of June 1st or whenever evictions resume in Massachusetts; if you don't leave on your own, so I suggest you do leave. I kinda doubt Covid slow this down (but its possible).

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  • 2 months ago

    Check www.apartments.com and www.rent.com and search by city.

  • Anonymous
    2 months ago

    You are not getting evicted they are ending your tenancy.

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  • 2 months ago

    You are NOT getting evicted. The landlord is ending your tenancy.

    You have ample time to find a place even if it's a room or housemate.

    • ...Show all comments
    • Nuff Sed
      Lv 7
      2 months agoReport

      If you're still there on June 1, the landlord can immediately start the eviction process, giving you (in theory) until sometime in August (or later)  to be out before the sheriff literally throws you out.
      You will be "marked for life" with the permanent court record of eviction. AVOID AT ALL COST.

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