Dear Sir/Madam:

I meet the following tenant, I would like to get your advice

the tenants moved in Jan at TAW lease with two females on the lease

but feb, I found that one of females never move in , and the neibour tenants told me , there are only two men and one woman with dog and a kid, live there.

I texted one of leased females and asked her.( I asked her to follow the lease). she told me the man is her boyfriend, she never mentioned other people.

I told her that if that female on the lease does not move in, and if her boyfriend wants to live there, we have to redo all the paper work. and also I told her no dog. ...after she argued with me for a while, she said that she would move out at the end of this month(feb) and I could use her last month for feb.

I really do not want them to live there(neibour complains a lot)

my questions are:

if they do not move out at the end of the feb(most likely, since they continue moving new stuff still without that female)

1. do I need to send 14 days notice(if they pay within 14 days, they could stay here, )

2. do I need to send 30 days notice(it means that she has to move out no matter what, but it takes longer to evict them)

thanks

rose

You need to learn the state’s laws and how your court interprets them. I suggest you attend training offered by a local landlord group.

It would be in your best interest to get & read a copy of Property Management for Massachusetts Rental Owners from HAP Housing in Springfield (413.233.1500). It would also help to find, join & participate in a local landlord group.

Now onto your actual question.

1. A 14 day notice to quit for non payment can't be issued until they have not paid their rent. I'm presuming that they paid a FMR for January & a LMR either before or when they took possession. I'm also presuming that one of the original renters never actually moved in. I'm further presuming that no one paid February rent instead they said they were leaving & you should use LMR for February's rent. If my presumptions are correct they should have given you written notice of their intent to leave & use the LMR for February. This notice should have been in writing (not just a text) and it should have been given on or before 02/01/2019. Since it appears that they only gave you a text notice sometime after 02/01/2019, you should have immediately sent a letter to all signers of the original rental agreement about giving a proper rental period notice. At this point their notice to vacate still holds both of them responsible for February & March rent. On 03/02/2019, you could issue a 14 day notice if they have not properly vacated the apartment by 02/28/2019 or paid March rent.

I would send both original signers a notice to cure their rental agreement violations (allowing non named people occupy the unit & presence of a dog). It's extremely important that all of your future communications be with both signers & it should be in writing. Even if you have a phone or text conversation with either of them you need to confirm the info in writing to both of them.

IMO due to the way you have so far handled things other than sending them both a notice to cure the rental agreement violations there isn't too much more you can do at this time.

Dear Steve:

Thanks for your very clearly answer.

btw: I am not newer landlord, I evicted people for both 30 and 14 notices before. This is very special case.

Now I am not sure whether they move out, though there is no written notice , (we communicated through text).( I do not want to send them now since it already passed 30 day rent cycle, no matter whether I send now or the end of this month , they will move out at the march end, meanwhile they may be upset with my legal letter, I just want to be nice to let them move out.)

If they moved out as they texted me at the end of feb, that will be good to both of us.

If not, I think I would follow Steve advice to send them 14 days notice, though I do not want them to stay, but on the March, two month rents are a lot, They may not want to pay this big amount and move out.

thanks for all of you.

rose

Rose,

I suspect you have been scammed. I agree with Steve that your occupants are probably not the people you rented to.

In my state and perhaps in yours, check with an atty, I can refuse to accept rent and evict based on non-payment of rent.

Whatever action you choose do it TODAY! This will only get worse with time.

Call the utilities and ask if the accounts are in the name of _____, your tenants. If not this is evidence you can use to evict.

For court evidence I would confirm back to her via text that she is using her pre-paid rent for Feb and moving out on or before Feb 28.

Include communication to ALL persons on the lease and all occupants.

Print out this text conversation for court.

Stay on this!

I'd issue a 30 day and give "Owner wants possession" if any reason for the 30 day is required or asked.

If you give any other reason, then the burden of proof is on YOU. "Dog? What dog? I don't have a dog?"