Eviction Help in MA - Trouble Tenant

[Adams Jean Baptiste]

Hi Everyone, 

I had 2 tenant (boyfriend & girlfriend) in my duplex.
They had/have a couple violations (noise/fighting, smoking) they have cause damage to the unit.
One of them (the boyfriend) decided to break the lease and move out in May. 
I sent an official lease termination letter (email & physical) to the other tenant letting them no that they no longer had a least and would like them to vacate the property as of August giving plenty of  to figure things out. 
However she has refused to move out. She is very aggressive and threatening to me and my family. 
She started paying in check payments instead of the cozy application. 

I recently sent a notice for rent increase starting in February (again giving her plenty of time to figure it out). She responded with a request to fix a crack in the ceiling and has not paid this month's rent. 
I explained to her that there's a lot that needs to be done to the unit and would prefer her to vacate. 

What's the next best step in this situation?

[Douglas Snook]

You have a few issues going on here and you didn't do yourself any favors.

If both parties are on the lease, as long as the rent was paid, why would it matter that the boyfriend moved out? If the rent stopped getting paid, you just evict for non-payment. 

What kind of lease was it? Was it for a year or month to month?

What is a "lease termination letter"? Unless it is month to month you can't end the tenancy until the time is up as long as you are getting paid. (Unless of course all parties to the lease agree and sign it)

If you notified her you were terminating the tenancy at the end of August and she didn't move out, that is when you should have started the eviction process.

And if you notified her the tenancy was ending in August, why on earth did you send her a notice of rent increase? Especially since you say she is damaging the apartment and there is smoking and noise etc.

I think the best you can do now is send her a 14 day notice. If she pays the money though, the tenancy is back on and you may have to wait until February to evict if she doesn't move.

Sorry to be harsh.