what to do thesedays? (by Carol [MA]) Sep 17, 2020 7:47 AM|
what to do thesedays? (by Lynn [MA]) Sep 17, 2020 8:37 AM
what to do thesedays? (by Robert J [CA]) Sep 17, 2020 8:38 AM
what to do thesedays? (by Steve [MA]) Sep 17, 2020 9:33 AM
what to do thesedays? (by myob [GA]) Sep 17, 2020 10:12 AM
what to do thesedays? (by S i d [MO]) Sep 17, 2020 11:02 AM
what to do thesedays? (by Landlord ofthe Flies [TX]) Sep 17, 2020 1:41 PM
what to do thesedays? (by Vee [OH]) Sep 17, 2020 2:54 PM
what to do thesedays? (by Annie [IN]) Sep 23, 2020 1:41 PM
what to do thesedays? (by Sandy [CO]) Sep 30, 2020 1:29 PM
Click here to reply to this discussion.
Click Here to send this discussion to a friend
what to do thesedays? (by Carol [MA]) Posted on: Sep 17, 2020 7:47 AM
So we have someone creating problems (yes same ones) they are putting things in the limited parking area (against rent contract rules) They are using 2nd floor porch as a workshop causeing sawdust (slippery) on outside stairs leading up to it, Leaving seeds from bird feeder over same attracting squirrels, chipmunks and maybe rats.
(nuance) Doing other things in violation of rent rules (MTM)
Sent certified letters pointing out these things,and notice to cure (No response),
So what can you do in this world of pandemic rules in which courts are closed? BTW they haven't paid rent in 3 months.
Seems we have no teeth. --96.236.xxx.xxx
what to do thesedays? (by Lynn [MA]) Posted on: Sep 17, 2020 8:37 AM
It's unfortunate that the politicians are allowing them to dance on our stomachs right now. --66.30.xx.xx
what to do thesedays? (by Robert J [CA]) Posted on: Sep 17, 2020 8:38 AM
In the past, when there was no pandemic, I would handle these problems in stages. Stage 1, inform the tenant of the violation and give them choices on solving them. Example, move the bird feeder from an area where it causes problems to another specified area.
Stage 2, After a week with no improvement from the tenant, I would then send them a "Letter", "Text'ed Message" and/or Email. Asking them to take immediate action.
Stage 3, Now that I see my tenant doesn't respect me or authority, I would send my tenant an "official Notice - 5 Days to Cure Violation or Move"!
So at this point you tried simple conversation, A written reminder and saw no improvement. Then you followed the regulations and gave your tenant one final chance to comply to this HEALTH AND SAFETY VIOLATION.
Then after the 5 Day Notice Expires, you document the issues via lots of pictures and witnesses. Sawdust, bird feeder and seed all over the place. Rats, mice and squirrels.
Then I'd have one last conversation with your tenant. Somewhere out in the open around other tenants. Since they hadn't complied within the 5 day period, you can either start the evicting, paying your attorney and destroying their credit. Or they can agree to move out within two weeks. You will give them the two week period ONLY IF THEY MAKE THE RENT CURRENT! If not, you'll start the eviction for CAUSE and not for BACK RENT! --47.155.xx.xxx
what to do thesedays? (by Steve [MA]) Posted on: Sep 17, 2020 9:33 AM
Carol exactly what does your rental agreement say happens when a tenant does these types of things? I presume that you are giving them a a certain amount of time to remove their unattended items or to desist these undesirable activities. If they aren't responding to your letters then hire a constable or a sheriff to serve the notices to cure. Judging by what you have written in the past about this tenant, I would be inclined to have the notices served thru the sheriff's department. I find that when a uniformed office carrying a sidearm shows up tenants tend to take notice.
If my tenants do not remove the unwanted items after being told to do so then I just pack up their unattended crap & dispose of it. My rental agreements have wording that covers this and yours should as well. If yours don't then I suggest you revamp your rental agreements.
Do you have an attorney helping you with these types of issues / problems? If so are they thoroughly familiar with MA LL / Tenant rules, regulations & laws? If not then you need to find new legal representation that regularly handles LL / Tenant matters in both your local district courts as well as in the MA housing court if your area has one.
You need to talk to your lawyer about using Section 19 of chapter 139 of the MGL to get rid of this tenant before they put you out of business. If they don't think that this law applies then have them pursue obtaining an injunctive relief order. Depending upon your age, your attorney could possibly pursue some sort of elder abuse angle to get this matter resolved. Since Governor FAKER & other branches of the government have made it virtually impossible to evict for non payment, you need to be more creative.
I can't believe that any competent attorney who is familiar with how our courts work doesn't know a way to get you out from under this mess.
what to do thesedays? (by myob [GA]) Posted on: Sep 17, 2020 10:12 AM
Ca has the right ticket. A process and patience. Watch the movie "My Cousin Vinny" when he's having lunch on the picnic bench-- He says procedure is like rebuilding a carburetor.
Miss the right step and the jet goes right into the head!!!!
Resulting in Dismissal! --99.103.xxx.xxx
what to do thesedays? (by S i d [MO]) Posted on: Sep 17, 2020 11:02 AM
Pay them enough to make them leave or deal with it until the Govt says you can have your property owner rights back.
I'm seeing a dark future for rentals, honestly. What value is there in owing an asset for cash flow if we cannot enforce the cash flow aspect of it? Surprised values aren't tanking. May just be a matter of time. Who would buy a house with a non-payer in it that can't be kicked out? --107.216.xxx.xxx
what to do thesedays? (by Landlord ofthe Flies [TX]) Posted on: Sep 17, 2020 1:41 PM
Since they're MTM, I'd also raise their rent. Sure they don't pay it, but it will create a bigger debt for collection. Plus it may make them nervous. Have their stuff hauled away if in common area. Charge them a release fee to get it back. Maybe you can make rent that way. --108.69.xxx.xxx
what to do thesedays? (by Vee [OH]) Posted on: Sep 17, 2020 2:54 PM
I would go clear away the fire hazards to the trash can, you did post a notice? # days is all I waste babysitting adults, I am not a surrogate parent. --76.188.xxx.xxx
what to do thesedays? (by Annie [IN]) Posted on: Sep 23, 2020 1:41 PM
In some states you can still evict for committing waste on the property. Sounds like that it what your tenants are doing here.
Check with your local courts. Document everything they are doing with photos, and keep copies of all notices. We post a notice on their door, take a picture of it with cell phone, and usually have a witness that the notice was posted (manager of property if you have one) or another witness that will sign the notice and be available for court proceedings. --209.132.xxx.xxx
what to do thesedays? (by Sandy [CO]) Posted on: Sep 30, 2020 1:29 PM
Landlord of the flies stated that they are month-to-month.... I would give them 30 days notice to move, and when they donít I would kick out the squatters. Or as Robert J said evict for health violations. In our state the courts will still evict for health and safety or illegal activity. Are they using illegal drugs possibly?
You can also start a civil action against them and sue for unpaid rent in civil court.
Or use these options in a talk with them and convince them to move. --206.217.xxx.xxx
Click Here to send this discussion to a friend
Report discussion to Webmaster