Getting rid of a family due to a number of violations, one being not paying rent for 8 months ,..we couldn't get them out as courts have been closed until very recently,.. The couple have good jobs

Always a chance, but the odds are not stacked all that well.

If they have garnish able jobs and they had personal service things look better for you.

I don’t know your state laws, but here we have to have it clearly spelled out in our lease that tenant is responsible for landlord’s attorney fees and it has to be included on the eviction notice.

As Lynn [MA] said don't hold your breath.

I presume since you mentioned legal fees that you have started eviction for nonpayment of rent as well as rental agreement violations so at some point you will appear in court. As to whether or not you'll ever recover any of the money that's owed, I doubt that you'll get much more than whatever they have for a SD. Even so once you get a court judgement in MA it's good for 20 years, generates 12% & shows up in their credit report. You might find that at some point they will need to clear up their outstanding judgements.

However, you should add the legal fees to the rest of their outstanding balance which I imagine might include past due Use & Occupancy, late fees (if stated in your rental agreement), sheriff / constable fees, court filing fees, damages to their unit, disposal fees, repairs, etc.

MA LL's have spoken!!!!!

BUT to add there's always a chance. Here's why I say that. Depending on your tenants jobs-- for example do they need to be bonded? you lose your bond if you get a judgment. Then you lose the job!

How much will your small claims court allow suit for? You may need to find out and file suit in STATE court. Here in GA magistrate court only handles suits to certain amount.

The law may allow the prevailing party to claim attorney fees from the LOSER!

If these people have good jobs-- then the bottom line is this: do they go all the way in BK? When debt gets to high for lower wage earners they run for BK. Fact is you have to show the Trustee your a candidate for BK. Some people don't want he court knowing what they really have.

Bottom line: they took you to the cleaners-- now its time to put up or shut up and go for it. Yes, that includes, driving them to BK court and fees they will have to pay there.

I would first worry about getting bad tenants out. If they have the money to pay rent but hide behind the pandemic exclusions, then gather proof for a Small Claims Court Law Suit.

I had a bad tenant in an apartment. He was making my whole building mislabel. Buying new car and parking his old one in other tenants spots. Drinking, parties and drugs. So I took this tenant to small claims court every 3 months for back rent. And I started an eviction for cause, not allowed to evict for back rent.

Finally I won an eviction case with my other tenants as witnesses and I had lots of pictures and a police report.

My eviction case was converted to a money judgement after the Sheriff's lock out. I will have 20 years to try to collect on my judgements. 10 years plus a 10 year renewal.

They play the system so you have to look for the cracks and go after them any way you can.. But your focus should be on getting them out and taking care of your property first.