ma evict soon?
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ma evict soon? (by Mark [MA]) Oct 13, 2020 5:05 PM
       ma evict soon? (by David [MI]) Oct 13, 2020 5:08 PM
       ma evict soon? (by Steve [MA]) Oct 13, 2020 5:21 PM
       ma evict soon? (by Lynn [MA]) Oct 13, 2020 7:22 PM
       ma evict soon? (by Hollis [MA]) Oct 14, 2020 10:08 AM
       ma evict soon? (by 6x6 [TN]) Oct 14, 2020 6:24 PM
       ma evict soon? (by Lynn [MA]) Oct 15, 2020 7:41 AM

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ma evict soon? (by Mark [MA]) Posted on: Oct 13, 2020 5:05 PM
Message:

Okay, the governors moratorium ends in a few days, but then I understand the federal one takes over, as that's what I heard on our local TV news channel. But then they said something about the tenant has to prove that they cannot pay or something to that effect. They also said that the tenant has to submit this to the landlord. Since our TV reporters often get things wrong I'm wondering how this will work.

So do we send them a notice to quit? These people haven't paid in four months. I don't think these people will move voluntarily so I'm guessing we are going to need a court order. When I called and eviction lawyer a couple of months ago he just said there's nothing he could do at that time.

So would you call him or another eviction lawyer to move forward now to take it to court? What about the federal thing? If the lawyer takes it to court will these people just lean on the federal moratorium for more time? How do they proof they cannot pay. The wife is working at a restaurant and this fellow gets a sizable disability check every month. (4k) rent is 1300 inc heat.

The male looks very healthy and was discharged from the service because of anxiety. I'm wondering if the fact that part of their income is a disability, if that hamstrings things. According to our in building manager, they have been buying very nice furniture, a 55 inch TV, and gym equipment in the last few months.

Regarding this building I'm seven hours away and have to handle things by agents. --96.236.xxx.xxx




ma evict soon? (by David [MI]) Posted on: Oct 13, 2020 5:08 PM
Message:

The CDC/DOJ has provided clarification that LL has no obligation to tell tenants about the CDC forms. So you (or your lawyer) go thru the eviction process as normal.

They have to sign CDC form under penalty of perjury. You should be able to challenge them in court, like asking them to provide proof they lost their job and have no money in the bank.

--50.4.xxx.x




ma evict soon? (by Steve [MA]) Posted on: Oct 13, 2020 5:21 PM
Message:

Mark, below is part of an Email that I got from Mass Landlords (masslandlords.net/) a state wide LL group. I highly recommend checking out their website & joining with us to fight for our LL rights.

Infinite Moratorium Bills 191 H.5018 S.2918

Updated October 12th, 2020 by Doug Quattrochi. Posted in policy - 1 Comment

The rent cancellation bill has been redrafted into an infinite eviction moratorium, asking some owners to wait 20+ years to receive payment. Think we are using hyperbole? Check our math below. Despite incorporating some of our input concerning the legal obligation for full reimbursement, this bill remains an existential threat to residential real estate rentals:

H.5018 S.2918 An Act to guarantee housing stability during the COVID-19 emergency and recovery

H.5018 (formerly HD.5166 H.4878) and its sister bill S.2918 (formerly S.2831 SD.2992) would:

Prohibit owners from accessing the courts for a full year after the state of emergency ends;

Require most owners to continue operating housing without income or reimbursement for years;

Enact just cause eviction rent control, outlawing rent increases, hindering major renovations, and creating permanent tenancies; and

Enact eviction sealing, making it impossible to screen tenants adequately, and unexpectedly creating secret courts open to bribery and corruption.

The bill is totally unnecessary in view of the CDC moratorium, which protects 86% of renters nationwide and 100% of low- and moderate-income renters.

The only crumbs for housing providers would be (1) the looks-good-but-isnít tax credit, (2) mortgage forbearance that requires us to forgive twice as much rent as we receive in mortgage, and (3) the same election year empty promise of a future fund to raise donations for us.

We must stop this bill, which despite a total gut renovation since July somehow still has over a quarter of the legislature as cosponsors. Once youíre on the list, your name doesnít come off! We could instead accomplish every legitimate objective with a combination of the CDC moratorium and our Fair and Equal Housing Guarantee via Surety Bonds.

We have prepared detailed talking points opposed to H.5018 S2918, which we need you to use at the earliest opportunity by calling Reps and Senators:

Talking Points docx Format

Talking Points pdf Format

MassLandlords urges all owners and managers to contact their Reps and Senators to oppose the bill using the talking points below. If you have questions before taking action, reply or call 774-314-1896 and leave a voicemail, we will help you prepare. --71.174.xxx.xx




ma evict soon? (by Lynn [MA]) Posted on: Oct 13, 2020 7:22 PM
Message:

Mark,

Keep in mind the proposed law that Steve references above has not passed yet so call you rep and senator. I called mine already. I'm talking to my attorney about filing a summons on one tenant and a 14 day notice on another. --66.30.xx.xx




ma evict soon? (by Hollis [MA]) Posted on: Oct 14, 2020 10:08 AM
Message:

So today there is suppose to be a big rally and march in the eastern part of Ma. I'm afraid the politicians won't be able to resist all those voters compared to the low number of landlords. I have a feeling and fear that the law will pass. --66.30.xx.xxx




ma evict soon? (by 6x6 [TN]) Posted on: Oct 14, 2020 6:24 PM
Message:

Steve, is this for MA or is this Federal?

What a mess. Where are our legal and constitutional rights? --73.120.xx.xxx




ma evict soon? (by Lynn [MA]) Posted on: Oct 15, 2020 7:41 AM
Message:

There was a big rally yesterday in front of the Governor's house. There were 3 state troopers stationed out front of his house this morning.

The proposed bill that Steve references above is a proposed state bill and it is a mess. I spoke to my senator for over a half hour of why it's so wrong.

I attended a webinar last night with housing court clerk and even though the state moratorium has expired, there are certain conditions where the CDC moratorium would apply where the case can be tried but the execution will not be issued before 12/31. He said they are going through all the pre-covid cases first and they expect that to take a month to a month and a half. There is a new summons form that needs to be used and I will be picking them up on Monday at my local courthouse. There will also be a status hearing on zoom before the trial is scheduled by zoom. The way it sounds is like you wouldn't be able to get an execution before 12/31 with all the backed up cases anyway. --66.30.xx.xx



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