Terminating a Tenant's Right to Rental Property Agawam MA

Can a landlord ever terminate a tenant's right to use and possess the rental property?

Yes, in many cases. The more common reasons why a landlord may terminate a tenant's right to use and possess residential rental property include:

(1) failure of the tenant to pay rent when due

(2) "waste" to the rental property caused by the tenant

(3) possession of pets in violation of the rental agreement

(4) occupancy of the rental property by persons not named on the lease or rental agreement

(5) material disturbances of other tenants (such as extreme noise disturbances)

Before a landlord forces a tenant out of residential rental property, the landlord must provide written notice to the tenant and provide a reasonable amount of time for the tenant to cure the default. If the tenant does not cure the default within a reasonable amount of time, and does not voluntarily vacate the rental property, the landlord must then initiate a formal eviction proceeding. In a court of law, it is commonly referred to as an "unlawful detainer action." (An action in which the landlord alleges the tenant unlawfully continues to detain or have use and possession of the rental property). The law abhors "self-help" evictions, in which the landlord or the landlord's agents show up and physically take the tenant and the tenant's possessions out of the rental property, change the locks on the doors to the rental property, or shut off water/electricity in an effort to force the tenant to leave. Formal court orders are usually required to get a recalcitrant tenant out of residential rental property.

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