Q: Can a landlord threaten to kick me out and haven't sign the lease in the past 30 days without court?
My landlord text me and told me i have to leave the premises ASAP cause my check bounce due to a bill coming out of my bank cause they took two and half weeks to cash the check. The landlord never advise me the lease was not sign and the copy from he company he use doesn't state that he needed to sign. The aduit on the bottom of the lease said complete with my signature. Now, i am not sure my lease is valid or not. I am worry he just show up and take my animals away and my stuff. He never sent notice or anything and threaten to take me to court and says no law will protect me as a tenant. I told him i will pay him next week due to working doubles as a nurse and make sure he has his money but he just keeps coming at me aggressively and i called the revere police and they stated that he can't kick me out unless he goes to court. I am confuse cause i sign the lease on feb 19th and i don't know why he hasn't signed it yet but I disagree cause the lease sats a audit proof at the bottom.
A:
Based on the information you've provided, it seems that your landlord is attempting to evict you without following proper legal procedures in Massachusetts. Here are a few key points to consider:
1. Unsigned lease: Even if your landlord hasn't signed the lease, if you have signed it and have been living in the property while paying rent, you likely have established a tenancy and are protected by Massachusetts landlord-tenant laws.
2. Eviction process: In Massachusetts, a landlord cannot simply kick you out or remove your belongings without a court order. They must follow a legal eviction process, which typically involves sending you a proper notice (e.g., 14-day Notice to Quit for nonpayment of rent) and then filing a summary process action in court if the issue is not resolved.
3. Bounced check: While a bounced check can be a valid reason for eviction, the landlord must still follow the proper legal channels and cannot immediately force you to leave the premises.
4. Police advice: The advice you received from the Revere police is generally correct. Your landlord cannot remove you or your belongings without a court order.
To protect yourself, consider the following steps:
1. Document all communications with your landlord, including texts and emails.
2. Pay the overdue rent as soon as possible and keep proof of payment.
3. If your landlord continues to harass you or attempts to illegally evict you, consider seeking help from a local tenant rights organization or legal aid office.
4. If your landlord files an eviction action in court, be sure to attend the hearing and present your case, including the signed lease and proof of payment.
Remember, while your landlord may be upset about the bounced check, they must still follow the law and cannot simply kick you out without proper notice and court proceedings.
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