tenant leaves furnature (by Mark [MA]) Aug 3, 2022 3:19 PM|
tenant leaves furnature (by Vee [OH]) Aug 3, 2022 3:54 PM
tenant leaves furnature (by RB [TN]) Aug 3, 2022 5:25 PM
tenant leaves furnature (by Steve [MA]) Aug 3, 2022 5:33 PM
tenant leaves furnature (by Mark [MA]) Aug 3, 2022 7:07 PM
tenant leaves furnature (by Ken [NY]) Aug 3, 2022 9:42 PM
tenant leaves furnature (by Tonia [RI]) Aug 4, 2022 1:24 AM
tenant leaves furnature (by plenty [MO]) Aug 4, 2022 5:41 AM
tenant leaves furnature (by S i d [MO]) Aug 4, 2022 11:08 AM
tenant leaves furnature (by Nicole [PA]) Aug 4, 2022 12:48 PM
tenant leaves furnature (by Robin [WI]) Aug 6, 2022 7:37 AM
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tenant leaves furnature (by Mark [MA]) Posted on: Aug 3, 2022 3:19 PM
OK first problem,..I can't evict these people, judge says they can stay, as I believe he feels sorry for them,..husband is a disabled vet (mental mdischarge)and they have a special needs kid,.much .longer story but I have been trying to get rid of them for a year (lots of other issues,..fights with other residents, garbage thrown around and violent noisy fights to name SOME of the issues.Yes I supposedly have the best regional lawyer as recommended by oue LL's association.
Lately they have been leaving furniture on the sidewalk in front of the building,..and old recliner, and an old couch and several other ugly things for now.,..the town is unhappy and I think we might be fined soon .
We have asked them to remove it,.(BTW the man is very able and goes on marathon hikes, lifts weights etc). Also they have a pick up.and could remove them pretty easily.
We have asked them to do so but I think they are purposely ignoring our notices as they are angry that we are trying to get them out and do a number of things to harass us. My two handy persons refuse to go there anymore)
I'm at a distance away and injured and can't do it myself.
Threats of having someone removing and trying to make them pay, doesn't do much good as they don't even pay rent (despite a good income)
tenant leaves furnature (by Vee [OH]) Posted on: Aug 3, 2022 3:54 PM
Get a better lawyer, get copies of police reports, not acceptable community behavior, danger to others. Evict forthwith. --76.190.xxx.xxx
tenant leaves furnature (by RB [TN]) Posted on: Aug 3, 2022 5:25 PM
Fire your Property Manager and the two handy persons. --24.183.xxx.xxx
tenant leaves furnature (by Steve [MA]) Posted on: Aug 3, 2022 5:33 PM
Mark, IMO you should seriously consider selling this property. I doubt very much that things are going to get any better especially with the lawyer & property management you have. --72.93.xxx.xx
tenant leaves furnature (by Mark [MA]) Posted on: Aug 3, 2022 7:07 PM
And just what would the property manager do? Please be specific,..I would like to know.
The handy persons are afraid to go there because of the fact they consider him dangerous. He can get very violent.
(We tried to hire others an ad in the paper and on line got no one local,..a few responses from guys from way out of the area .)
They handle my 6 other buildings and do a good job. I can't force themselves to accept to be put in danger.
The lawyer is considered perhaps the best in this area for evictions. (our landlords association and a couple of LLs I know purposely. Recommends him)
Selling? how can it be sold with these people there (they don't allow anyone in.) We tried to get local police to allow entry. Small town, they refuse to do this.
BTW would YOU buy it with this problem?
We finally got a police report after about a dozen of requests,..
Re the "police" They do show 10 response over the last year,..(they didn't include the previous year which probably had as much,.AND we think according to other residents living there that its under reported, that they are pretty sure they didn't record a number of calls,..the "deputies" that show up are just guys from the town. I don't believe they are very much trained in law enforcement.
tenant leaves furnature (by Ken [NY]) Posted on: Aug 3, 2022 9:42 PM
I would buy it with the current problems at the proper discount if you were local to me.It is not the cops job to force a tenant to allow you into there apartment.These are bullies and here is how i would deal with it.As part of the deal i would have you assign the back rent to me to use as leverage.I would show up the day i buy the place and have a conversation with them,it goes like this and usually works.You now owe me x amount of dollars and i want it now because the back rent was assigned to me,let it sink in for a second then tell them but i will make a deal,i bought this house to resell so if you are willing to start paying rent going forward and cooperate with my broker to show the place i will forget about the x dollars you owe me,at this time they generally ask about repais that hvent been done,i tell them my guy can come over and take of the repairs,i make sure smoke detectors are there ect and take care of what needs to be done.If they will talk to me i can generally straightenen them out,if they refuse to answer the door i have bigger problems,if i can get in the basement i turn off the water heater,that will almost always get a call.Bullies only respect someone they see as capable of causing them problems,you have to appear to be the person who can be a major problem for them.I show up daily or more often and walk the property,knock on there door,leave messages,always nice so the cops cant say i did anything wrong,very few of these people can take more than 2 weeks of this and most will move if i cant straighten them out --74.77.xx.xx
tenant leaves furnature (by Tonia [RI]) Posted on: Aug 4, 2022 1:24 AM
I just had nuisance tenants do a midnight move out. I followed mostly Ken's advice. These bad tenants were known to the police, have 2 open incident reports, and basically refused to vacate upon receipt of notice to quit. I would follow Vee's advice also. I feel sorry what you are enduring. You need a tougher stance. If you cannot sell the property, then maybe an associate would act as potential new owner, and do with Ken strategy. Otherwise, you need to pulling them back into court. Can you call the VA to find out who manages his case? Do you have proof he is of sound physical shape? Hire a private eye to get evidence that can reflect that he is bilking the system. Call his emergency contacts, his prior references, let them know you will file a lawsuit against him. Again, sorry this is happening but you need to pull all the punches. --172.58.xxx.xxx
tenant leaves furnature (by plenty [MO]) Posted on: Aug 4, 2022 5:41 AM
I wouldn't like any of that either. Is the judge giving them more time or what happens when you go to court? I'd be calling the lawyer every week for legal help. Sounds like that's the only way, going thru the process. It takes time, perhaps your state is one what was perticularly hard on rental property thru the pandemic? Have you tried cash for keys? Surely there is an end date for this. Terrible situation. Don't give up start pushing and asking more questions. Is there another court date coming? Do you have pictures to show the judge? I wouldn't fire the property management company as they can be helpful in getting thru this. I agree there are some people that no matter what they can't be dealt with. I suppose not fixing anything is an option? Let the city shut the unit down. Start changing the way you ask for help, starting asking what can you do, sounds like there is a network of other property owners ask what they have done successfully,think outside the box. I have had one terrible experience like this and it's such a feeling of helplessness. Can't sell, doesn't do any good to fire management, court is just very slow. But if it's going to happen thru the courts then what is the time line and how fast can we get back in front of the judge. Judge here's the timeline of events (make a timeline), judge here are the pictures, judge here are letters from neighbors, judge here are citations from city.. judge here is picture of the disabled man working out. ? Hire a detective! --172.58.xxx.xxx
tenant leaves furnature (by S i d [MO]) Posted on: Aug 4, 2022 11:08 AM
Take this in the spirit it is meant: helpful, but direct.
No, you don't have the best lawyer in the region or even in the state. Fire him/her. What you're saying by telling us you have "the best" is that if he can't get this guy evicted, then there are no evictions going on in the State of Massachusetts. I call B.S. on that. Look up your online public court records and find out which lawyers are WINNING EVICTIONS for their clients and hire those lawyers. Pay them a travel fee if you have to. My guess is paying that winner lawyer and/or his travel expenses would be much cheaper than a lost year of rent.
"the judge felt sorry". Unless judges in MA are corrupt, again, I call B.S. My guess is your lawyer is the problem, not the judge. However...
If you are correct and judges in MA do not follow the law and all eviction lawyers are incompetent, the truly your only option is to SELL, right now. Don't wait another day. List your property for sale "as is, where is, with the unruly tenants." Yes, you'll take a blood bath on the sale price because whoever buys it will have to get... ahem, "creative" with getting that tenant out, but as it stands now you're taking a blood bath on lost rent, damages, etc. Pick your poison.
You'd never buy into a situation like this. Opportunity cost analysis teaches us that each day you stay put is saying, "I'd buy this again as it stands today rather than do something different." Sometimes, you cut your losses and move on rather than rack up more losses. That's how folks go bankrupt...inertia.
tenant leaves furnature (by Nicole [PA]) Posted on: Aug 4, 2022 12:48 PM
What is the specific, legal reason you cannot evict? Not your "feeling" that the judge feels sorry for them .... I guarantee that is not what is written in the judge's opinion, judgment, whatever you've got.
Of course I'm not in Massachusetts but I cannot imagine not being able to put a nonpaying tenant with other violations out. --98.237.xxx.xx
tenant leaves furnature (by Robin [WI]) Posted on: Aug 6, 2022 7:37 AM
Sid, there are most definitely judges who ignore the facts.
I consulted with an eviction lawyer yesterday. I told him, "It states right in the tenant's rental agreement that if you swear at the manager it's a violation of your lease agreement and it will be terminated immediately. I have multiple texts where he swears at me. Are you telling me that I could take him in front of a judge and not get an eviction?"
Lawyer: "Yes. They would say you didn't give him a 30-day notice to cure the lease violation."
Me: "How can you cure that?? What if the lease violation is incurable?"
Lawyer: "They'll still say that. Two of the 3 magistrates are so pro-tenant that I've been tempted to ask them if they're actually counsel on behalf of the tenant."
I'm considering selling and moving my properties to the adjacent cities where they're a little more rational. --172.58.xxx.xxx
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