evicting these days
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evicting these days (by carl [MA]) Oct 10, 2021 10:01 PM
       evicting these days (by Moshe [CA]) Oct 10, 2021 11:12 PM
       evicting these days (by P.B. [MI]) Oct 11, 2021 1:56 AM
       evicting these days (by Robert J [CA]) Oct 11, 2021 5:22 AM
       evicting these days (by TenantWhisperer [MA]) Oct 11, 2021 11:12 AM
       evicting these days (by MAP [NY]) Oct 11, 2021 11:38 AM
       evicting these days (by Robert,OntarioCanada [ON]) Oct 11, 2021 11:42 AM

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evicting these days (by carl [MA]) Posted on: Oct 10, 2021 10:01 PM

It seems like not too long ago you could tell a month to month tenant to just leave. Understand now that if they been there for a while you have to give them 60 or even 90 day notices. I have a couple with two children who occupy a very large apartment and in the last year as because awful lot of trouble. Real Pita people that complain about just about anything.

They have told other tenants that they won't voluntarily leave the building. Yes I have a lawyer who is considered by our local LL assoc. to be very good about evictions but I have a feeling that they are going to try to fight any effort to do so. They have violated a number of the rental rules at this property.Bring in pets, installing a washer and dryer and without permission, greatly overloading their porches. And worst of all a lot of noise complaints by the other tenants. So much so that some of the other tenants are saying that they're going to be leaving if these people don't. And in more and she .

So if you have a month to month tenant that you want to reclaim their unit, must you give the court reasons why you want to get rid of them? Or is it better to not do that so that they can't argue point by point?

BTW they haven't paid any rent for the last year despite having a good income, and because the courts have been closed we couldn't take them there. Now the courts are opened again., --66.30.xx.xxx

evicting these days (by Moshe [CA]) Posted on: Oct 10, 2021 11:12 PM

Check with a very good landlord-tenant attorney. I don't know anything about MA law, but you are right to insert the words "these days" into your title.

The internet says that MA is considering or has passed laws for "just cause" eviction. That usually means that a LL can evict only for a specific list of reasons none of which include the reason that "the LL simply wants them out".

Get GOOD advice and good luck.


evicting these days (by P.B. [MI]) Posted on: Oct 11, 2021 1:56 AM

No good news. I am so sorry to hear your story.

I am going through a trying eviction myself.

Gave a 30 day notice on July 1, 2021. Filed additional paperwork with the court asap in Aug. as she failed to move.

She even told me what I wanted to hear (manipulation) that she would move, verbally, and also gave me a written signed notice to move, signed and with a date. Waited for her to be served by the sheriff and waited 7 weeks for a court date at which time the judge pushed the matter to mediation, as he would not make a ruling. We meet this morning for mediation and will attempt to resolve our issues. She has 5 Lease violations and owes over 3 months rent. My and other LL frustrations are that our judge will not take the courts time to even listen to our case.

ALL L/T cases are referred to mediation now within our county.

SO, the bottom line so far is since July 1st we have no ruling and court is now set for next week, again.

I think it is absolutely ridiculous to take so long, as it is taking going on month 4.

And, get this. Our Judge did not required or even bring up the fact of an oath.

Neither I, my tenant or any other person who had cases that day were sworn in to tell the truth and nothing but the truth.

I thought that was mandatory.

You are correct when you said "these days."

I am losing my faith in the justice system, even though our Judge is close to retirement age. He should know better.

I sincerely wish you well. I suggest you start the process asap as it will take months to accomplish your goal to remove them.


evicting these days (by Robert J [CA]) Posted on: Oct 11, 2021 5:22 AM

Went to evict a tenant for cause, serious lease violations, health and safety reasons. The tenant didn't show up to court and instead of obtaining a default judgement, the following happened:

Judge asks clerk to give my tenant a call and asked why they didn't file a response granting them an exception to being evicted. My attorney pointed out this wasn't a case asking for relief because of non-payment of rent.

But for some reason my tenant didn't or couldn't answer their phone. Someone else was calling them and beat the court to the punch! Now the judge had to proceed with the eviction.


evicting these days (by TenantWhisperer [MA]) Posted on: Oct 11, 2021 11:12 AM

Some evictions are easy, some are not.

Just put your head down and push on ahead. Your atty will know how the courts are working these days. Just follow his lead. --71.233.xx.xxx

evicting these days (by MAP [NY]) Posted on: Oct 11, 2021 11:38 AM

NY is also getting ready to enact "just cause" evictions only and not simply "expiration of lease."

Robert, your "no show" tenant in court sounds like what my husband's ex shrew did in "family" court. And of course the magistrate was ok with it. Had it been my husband that pulled a stunt like that, a warrant would have been issued for his appearance and he would have been slapped in cuffs. --72.231.xxx.xx

evicting these days (by Robert,OntarioCanada [ON]) Posted on: Oct 11, 2021 11:42 AM

Best option google to find a landlords association where the landlords association will be help with legal advise. A lot of rental housing providers are reluctant to run thorough credit checks on all adult applicants where one out of three problem tenants start all over again. Here they call it peace and enjoyment of other tenants as noise is a issue. Unsafe conditions will also lead to a eviction. --99.236.xxx.xxx

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