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Old 09-24-2008, 08:52 AM
 
1 posts, read 15,160 times
Reputation: 12
Default Eviction in the winter with children?

My sister has not paid her rent in three months. She is a working, yet struggling, single parent. She received a notice to quit previously for being behind in her rent, but was able to catch up the rent with her tax returns prior to falling behind again.

She is under the impression that she can't be evicted because the winter is coming and she has a 2.5 year old at home. I am fairly sure that she is wrong, but I am hoping someone can clarify that for me. if there is a website that lays out the law that anyone knows of that would be great. She won't listen to me, but if I can show it to her in print, she might believe it.

I feel for my sister, but at the same time, she does not listen to anyone. We told her two years ago to get on the waiting list for public housing. it can be years of waiting, but she never did that. Now I think she thinks that if she gets evicted the state MUST house her. I want to clarify this for her. I can't house her either, so I just want her to know what type of options she is looking at.
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Old 09-24-2008, 03:17 PM
 
9,955 posts, read 13,539,889 times
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I'd suggest checking with the Mass Housing Authority, the state office at City Hall, and so on.
It's hard to evict someone in Massachusetts, even for non-payment of rent. It can certainly take longer than three months. However, I don't think there is any provision whatsoever regarding winter, young children, public housing, or the like. A private landlord is under no rulings to house people for free, regardless of their circumstances and difficulties. After all, that landlord is paying his/her own mortgage, or the owner company is.
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Old 09-24-2008, 03:46 PM
 
Location: Massachusetts
3,988 posts, read 5,783,091 times
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It takes some time for the landlord to give her the notice to quit, then go to court to get a judge to order an eviction. How much time? That may depend on where in the state she lives, some of the courts are bogged down and who knows what a given judge will do. As brightdoglover said, she needs to check on her options with either a housing authority, or a tennants organization, start applying for section 8 or whatever.
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Old 09-24-2008, 04:40 PM
 
270 posts, read 880,731 times
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Completely agree with the previous posters. In MA renters have all kinds of rights and protections, although in general you have to pay rent, no matter the season, marital status or number of kids. But you can drag the eviction process out I'd say at least 6 months from beginning to end. But that is of course not really what she wants to know ;-)
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Old 09-25-2008, 12:45 PM
 
5 posts, read 21,771 times
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the state seems very generous with section 8 -- I personally hear stories from people saying they are surprised they qualified (hinting they really didn't need it). She sounds like she could really use it.
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Old 11-07-2011, 06:22 AM
 
1 posts, read 9,443 times
Reputation: 10
Hi i live in my e boyfriends trailor court, we have 3 child and i moved my trailor here in march of 2009 because a court order for vists were daily and we could share the child more, we however got another hearing to have his child support dropped and he told me if i showed up he would evict me, so i told him no matter what i was showing up, so at that 11-5-2011 he handed me a notice i had 30 days to move my trailor out of his lot my,. question is can he do this legally since we have children together and if so does'nt he have to give me a reason for kicking me out?
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Old 11-07-2011, 06:04 PM
 
968 posts, read 1,111,463 times
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If the rental is 3 unit or less different laws apply.

If the landlord hires an attorney then you had best find another place real soon.
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Old 11-07-2011, 07:53 PM
 
1,728 posts, read 1,398,429 times
Reputation: 466
Quote:
Originally Posted by longtallsally View Post
My sister has not paid her rent in three months. She is a working, yet struggling, single parent. She received a notice to quit previously for being behind in her rent, but was able to catch up the rent with her tax returns prior to falling behind again.

She is under the impression that she can't be evicted because the winter is coming and she has a 2.5 year old at home. I am fairly sure that she is wrong, but I am hoping someone can clarify that for me. if there is a website that lays out the law that anyone knows of that would be great. She won't listen to me, but if I can show it to her in print, she might believe it.

I feel for my sister, but at the same time, she does not listen to anyone. We told her two years ago to get on the waiting list for public housing. it can be years of waiting, but she never did that. Now I think she thinks that if she gets evicted the state MUST house her. I want to clarify this for her. I can't house her either, so I just want her to know what type of options she is looking at.
Here is a list of FAQs on the housing court's website, which might be helpful to your sister:

Frequently Asked Questions of the Housing Court Department

She can call the housing court and ask about winter evictions. They might be able to give her some direction as to how to find out.
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Old 11-07-2011, 08:25 PM
 
Location: New Hampshire
4,695 posts, read 2,289,135 times
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This thread is 3 years old......
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Old 11-08-2011, 06:28 PM
 
1,728 posts, read 1,398,429 times
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Quote:
Originally Posted by KickAssArmyChick View Post
This thread is 3 years old......
I wonder if she was ever evicted...
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