Am I doing it wrong? (by RentsDue [MA]) Jun 14, 2019 8:53 AM|
Am I doing it wrong? (by AllyM [NJ]) Jun 14, 2019 8:58 AM
Am I doing it wrong? (by bet [MA]) Jun 14, 2019 9:11 AM
Am I doing it wrong? (by myob [GA]) Jun 14, 2019 9:44 AM
Am I doing it wrong? (by S i d [MO]) Jun 14, 2019 11:36 AM
Am I doing it wrong? (by Robert J [CA]) Jun 14, 2019 12:05 PM
Am I doing it wrong? (by Steve [MA]) Jun 14, 2019 12:05 PM
Am I doing it wrong? (by JB [OR]) Jun 14, 2019 12:17 PM
Am I doing it wrong? (by Rob [MA]) Jun 14, 2019 12:21 PM
Am I doing it wrong? (by TenantWhisperer [MA]) Jun 14, 2019 1:42 PM
Am I doing it wrong? (by RentsDue [MA]) Jun 14, 2019 3:53 PM
Am I doing it wrong? (by Steve [MA]) Jun 14, 2019 4:49 PM
Am I doing it wrong? (by 6x6 [TN]) Jun 14, 2019 6:42 PM
Am I doing it wrong? (by Rob [MA]) Jun 14, 2019 6:43 PM
Am I doing it wrong? (by Rob [MA]) Jun 14, 2019 7:08 PM
Am I doing it wrong? (by Ray-N-Pa [PA]) Jun 15, 2019 7:36 PM
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Am I doing it wrong? (by RentsDue [MA]) Posted on: Jun 14, 2019 8:53 AM
Not too long ago I posted about a tenant who removed the fridge from the home because they claimed it was broken . It was a high end appliance ( newer, but not new anymore). I was torn between terminating their tenancy and raising their rent. They made the decision for me when they didnít pay their rent. It doesnít matter how much I raise it if they donít pay it. Their ship is sinking and fast so they have to go. The first thing I did was file NTQ for non- payment. They then paid June rent. As soon as I had the rent money I filed the 30 day NTQ to terminate tenancy ( which is actually 1 full rental period). I do have a ď Last Months RentĒ and Security Deposit so If they leave when they are supposed to Iím in a good position with the money ( even if they sold the other appliances too). I filed to terminate without cause ( they are MTM). Thatís the only part Iím second guessing here. If I was going to file for cause I would have had to give them the chance to ďcureĒ the lease violation. I realize that filing with no cause will allow for stays if this goes to the physical eviction stage, but I have had judges here give free stays to people who are being evicted for non payment so I canít really factor that in. Iím still questioning whether filing no cause was the best position?
Am I doing it wrong? (by AllyM [NJ]) Posted on: Jun 14, 2019 8:58 AM
Your state is tough like NJ. I would have used the fridge issue or done nothing until they don't pay again. --173.61.xxx.xx
Am I doing it wrong? (by bet [MA]) Posted on: Jun 14, 2019 9:11 AM
On a month to month tenancy as far as I know, no cause can be given. But on a lease you have to state the particular lease violation giving them a chance to cure. Not once, never in over 20 yrs have I ever had a tenant go to court to cure a lease violation, they just move on. I hope that answers your question and it sounds like you are on the proper track to have them evicted. Good for zero tolerance. --73.227.xxx.xxx
Am I doing it wrong? (by myob [GA]) Posted on: Jun 14, 2019 9:44 AM
What day did you give the 30 day notice? Here notice needs to be 30 day from the time rent is "normally" due. So if you gave notice jun 10 for example-- that would be for Aug 1st, not july 10.
(your rents are due the 1st of the month?)
Curious as to why you didn't ask for cure to missing refrig along with notice to terminate lease (MTM)? How r you now going to recoup that? --99.103.xxx.xxx
Am I doing it wrong? (by S i d [MO]) Posted on: Jun 14, 2019 11:36 AM
I don't know anything about MA law other than what other MA LLs have posted here, and it sounds like your state is very tenant friendly. So I don't know how this particular situation will work out, but if you want them gone, have you considered simply jacking the rent up a massive amount, and if they don't pay it THEN you CAN file for non-payment?
Any limits to rent increase on M2M? If you're at $1,500 and raise it to $2,000...does that violate any MA laws? If they paid it, would you keep them in spite of their thieving ways, or would you raise to $2,500 the next month, etc. Let's get creative with this: how can you legally make them no longer wish to rent from you? --173.20.xxx.xxx
Am I doing it wrong? (by Robert J [CA]) Posted on: Jun 14, 2019 12:05 PM
Sorry about your situation. This is a clear example the problems landlords go through when they just "take" an applicant without fulfilling all of the requirements from an applicant. Like them being able to easily come up with the First and Deposit.
As you are doing right, when the writing on the walls show the tenant is getting worse, not better at paying the rent or taking care of your rental, it's time to cut you losses.
I would have had a "conversations" first before filing notices. Let your tenants know how you feel and what you "expect" from them. Sometimes when your tenant knows that paying the rent late is an real issue. --47.156.xx.xx
Am I doing it wrong? (by Steve [MA]) Posted on: Jun 14, 2019 12:05 PM
IMO you are not doping it wrong.
According to MA law since your tenant is MTM they only have the right to cure a 14 day non payment once in a 12 month period. In reality most MA judges don't seem to follow this law. Knowing that most MA judges seem to love to give the "poor" tenant a break I'd be prepared to serve them another NTQ along with an offer of a new tenancy at a substantial rent increase If they are still there on July 31, 2019. Make sure you also notify them that their existing LMR is not enough & they have to increase it to ______. I find that a lot of LLs forget to bump up the prepaid LMR each time they raise the rent.
Am I doing it wrong? (by JB [OR]) Posted on: Jun 14, 2019 12:17 PM
The one thing I hate about Sid's idea is that, particularly in such a progressive state as MA, massive rent increases could lead to disaster.
We had that happen here. A few companies/individuals decided they were going to do extremely large increases (it doesn't matter the reason). Next thing you know the tenants are taking their sob stories to the press. Then press starts asking the politicians what they're going to do about the problem. Next step, governor signs legislation for statewide rent control.
Do you all really want to go down that path? --24.20.xxx.xxx
Am I doing it wrong? (by Rob [MA]) Posted on: Jun 14, 2019 12:21 PM
In Ma if your lease contains a 7 day notice for cause you can pull that trigger. It's not curable and there are no counterclaims.
I was at the ll meeting when the local housing court judge backed it up. Just have more than one cited on the 7 day notice and cite lease. Ie late fee not paid, destruction of property, trash on porch ect. Things easily proven.
Obviously were in Ma so as I'm sure you're aware you'll have to do an agreement for judgement with a mediator BUT it can contain the move date as you wish/negotiate. If they aren't gone you can motion them back in on the default for the writ of execution.
This being Ma of course but myself and fellow local comrades have found this to be the fastest path from A to B. The law is very exact and gives the judge no leeway as in a non payment. But we still have to go through the mediation and two trip if necessary.
The 7 day as oppose to 30 helps shorten the pain. It's been field tested. Good luck.
I'm sure the rest of the country is laughing at us but when in Rome. --72.74.xxx.xx
Am I doing it wrong? (by TenantWhisperer [MA]) Posted on: Jun 14, 2019 1:42 PM
A "7 day notice clause" in the lease?
For decades I thought our only recourse was a 14 day for nonpayment or a 30 day.
Willing to learn.
Am I doing it wrong? (by RentsDue [MA]) Posted on: Jun 14, 2019 3:53 PM
The wording in the NTQ for lease violations gives them the opportunity to correct the violation and salvage the tenancy. I do not want to keep them. My thought was that if they show a good faith effort then they will earn the sympathy of the judge if it comes to that. I can hear it now ď we couldnít pay the rent because we had to buy a new fridge ď. That would create more problems than it would solve. The bottom line is that they canít pay rent. They have been able to pay it for years, now they have a problem. Iím assuming they sold the fridge because of their new problem. They had to borrow it from family to pay this month, but now it is due again in 2 weeks and they likely wonít have it again. Maybe because I have terminated the tenancy they move on to a cheaper place with the money they will be borrowing this month. Maybe not. Iím trying to get ahead of this. Evicting for non- payment should be the easy path but the state works very hard at preserving tenancies for non payers. Im trying to make it so there is nothing to mediate. If there is no money owed or lease violations involved the only issue is possession . As of right now they do not have any housing records. If they do not give me possession when the tenancy terminates they will have the first eviction on their record. Depending on how serious their new problem is that may not matter. --71.10.xxx.xxx
Am I doing it wrong? (by Steve [MA]) Posted on: Jun 14, 2019 4:49 PM
Tenant Whisperer, as most of us MA LLs know MGL Chapter 186 section 11 requires a 14 day notice to quit in cases of non payment. The statute says nothing about the notice period required for termination based on other material breaches, so the notice should be specified in the lease. The notice can be as little as seven days. Some MA LLs use 30 or more days for this. I just checked one of my recent leases & was surprised to find that somehow I no longer included a 7 day clause. As soon as practical I'll be adding the following clause to all of my leases. This is something that I goy years ago from John Fisher's MA Property Management book.
Termination by Landlord: The Landlord may terminate this lease because of:
a. Serious or repeated violation of lease;
b. Violation of Federal, State, or local law that imposes obligations on the Tenant in connection with the occupancy or use of the unit and premises;
c. criminal activity by any member of the household, a guest or other person under the Tenant's control which (I) threatens the health, safety or right to peaceful enjoyment of the premises by other residents; (ii)threatens the health, safety or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises; (iii)any drug-related criminal activity on or near the premises;
d. Abuse of alcohol that threatens the health, safety or right to peaceful enjoyment of the premises by other residents;
e. Other good cause;
Where the Tenant has failed to pay rent, Landlord may terminate the tenancy by a written notice, effective fourteen (14) days after notice is given. In all other cases Landlord may terminate the tenancy by a written notice effective seven (7) days after notice is given. The Landlord shall also be entitled to any and all other remedies provided by law. All rights and remedies are to be cumulative and not exclusive.
Notwithstanding the foregoing, the Landlord may immediately terminate this lease for any act or conduct of the Tenant, household member or guest which entitles the Landlord to evict or enjoin the Tenant under Massachusetts General Laws, Chapter 139, Section 19.
Am I doing it wrong? (by 6x6 [TN]) Posted on: Jun 14, 2019 6:42 PM
What did you end up doing about the refrigerator?
I would get them out for sure if they are now not paying rent. I hope this goes well for you. --73.120.xx.xxx
Am I doing it wrong? (by Rob [MA]) Posted on: Jun 14, 2019 6:43 PM
Lease violations is the cause (7 day notice).
This notice should contain zero language about curing. The only curing that's done is with concrete and 14 day non payment of rent notice.
Standard no fault 30 day is the one that drags on.
Non payment also drags on, it allows the tenant counterclaims and can be cured first on in 12 months blah blah.
I sold a multi right before Thanksgiving and the tenant is still there. The new owners attorney did a 30 day notice to quit.
If you want them out. Cause is the silver bullet in Ma.
Once they sign an agreement for judgement with the mediator (judge is playing fortnite) you are as good as gold.
Am I doing it wrong? (by Rob [MA]) Posted on: Jun 14, 2019 7:08 PM
Came home today to my copy of the Property Management book. Good stuff. Thanks for the recommendation.
The money part always comes up in mediation and you'll have an execution for $ and possion if it goes the distance. A moving truck is a blessing sometimes. Spreads fear throughout the building of the ultimate authority (us) physically removing them from their (our) home and getting a lifetime eviction on their record. Let the lease determine cause. Most are tough to prove. Keep it simple, get in and get your money due or the problem out.
Ever go to court and tenant who owes you 2 months and you get some nonsence about a breach of habitability (counterclaim) and the free legal aid attorney wants to knock $700 off over things their "client" broke? Not anymore!
Judge really really likes the color of your tenants shirt and wants to give them 3 more months to find an apartment? Not anymore! Cause baby! The Ma ll's bff.
Shhh don't tell everyone because one of us less educated ll's will mess it up and a Cambridge think tank will try to dismantle it. --72.74.xxx.xx
Am I doing it wrong? (by Ray-N-Pa [PA]) Posted on: Jun 15, 2019 7:36 PM
Hmmm I am wondering what would happen if you replaced the frig with a dorm sized one --24.101.xxx.xx
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