Lavelle v. Lavelle

The issue on appeal in this summary process case is whether the tenancy was properly terminated. Judgment was entered for the plaintiff, Elinor D. Lavelle (“Elinor”), upon the allowance of her Mass. R. Civ. R, Rule 56, motion for summary judgment. The defendant, Joseph Lavelle (“Joseph”), has appealed claiming that he was a tenant at will and was entitled to the requisite statutory notice to quit.

Joseph lived with his mother, Elinor, in her home until September, 2010, when she was transferred to a long-term care facility. Joseph has never paid any rent to reside in his mother’s home. Nor has…