Ma eviction
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Ma eviction (by colleen [MA]) Dec 5, 2022 4:31 PM
       Ma eviction (by Vee [OH]) Dec 5, 2022 5:04 PM
       Ma eviction (by colleen [MA]) Dec 5, 2022 5:41 PM
       Ma eviction (by Richard [MI]) Dec 5, 2022 5:53 PM
       Ma eviction (by RentsDue [MA]) Dec 5, 2022 6:26 PM
       Ma eviction (by tryan [MA]) Dec 6, 2022 10:53 AM
       Ma eviction (by colleen [MA]) Dec 6, 2022 2:07 PM
       Ma eviction (by colleen [MA]) Dec 6, 2022 2:11 PM
       Ma eviction (by LordZen [MA]) Dec 6, 2022 7:22 PM
       Ma eviction (by RentsDue [MA]) Dec 6, 2022 11:22 PM
       Ma eviction (by colleen [MA]) Dec 7, 2022 10:03 PM
       Ma eviction (by steve [MA]) Dec 8, 2022 6:03 AM
       Ma eviction (by colleen [MA]) Dec 8, 2022 12:58 PM
       Ma eviction (by Steve [MA]) Dec 8, 2022 8:06 PM
       Ma eviction (by colleen [MA]) Dec 9, 2022 11:11 AM

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Ma eviction (by colleen [MA]) Posted on: Dec 5, 2022 4:31 PM
Message:

If you have a month to month tenant you want to get out, how long does it generaly take? I have heard its best to NOT give a reason for them to ague about it,

What do you expect that it might cost, (re Greenfield Ma) courts and lawyer.

Can they fight it? --96.236.xxx.xxx




Ma eviction (by Vee [OH]) Posted on: Dec 5, 2022 5:04 PM
Message:

Anyone can fight a civil claim as long as they have funds, it would be good to visit housing court before opening for business and learning these answers by witnessing it in person, over a 4-8 month period you may see an atty who brings his case to the bench and is awarded a win very often, meet this person in the hallway and get a business card and some detail about your situation. Prior to Covid my court too from 4-6 weeks to get a lousy tenant out - now it is 10-16 weeks but we also made some staff replacements with incompetent magistrates and other staff that are simply lazy - so when I attend city meetings I mention because of this we have to triple the deposit and rent is nearly double - you can't fix stupid. --76.190.xxx.xxx




Ma eviction (by colleen [MA]) Posted on: Dec 5, 2022 5:41 PM
Message:

Well these people are masters of using public resources to get free legal, The male works under the table at the tune of 2400 a month (according to a guy who works with him and the fact he brags how much he makes to another tenant there) and his wife also works under the table but I'm not sure how much she makes. The rent is 1200 heat includded in a nice large 3 bedroom.

But would this really be a civil claim if we are not claiming a reason for wanting our property back? --96.236.xxx.xxx




Ma eviction (by Richard [MI]) Posted on: Dec 5, 2022 5:53 PM
Message:

People who work under the table and brag about it often find that the IRS has been notified about them with all the details. This can make their life really miserable. Sometimes those who turn them in to the IRS actually get some reward, maybe a percentage of the fines, etc. It's not a good idea to cheat the IRS.

If you don't know how to handle an eviction where you are, best to get a lawyer that specializes in it. --75.7.xx.xx




Ma eviction (by RentsDue [MA]) Posted on: Dec 5, 2022 6:26 PM
Message:

Working on this as well. Lawyer says about 6 months for a no fault eviction. --68.191.xx.xx




Ma eviction (by tryan [MA]) Posted on: Dec 6, 2022 10:53 AM
Message:

I don't attempt no fault ... too painful. Best you can hope is they stop paying when they see the papers. Now you have fault.

Once heard a MA judge announce "He will NOT put a family homeless to facilitate a sale". Possession is 9/10's of the law in MA. --198.168.xx.xxx




Ma eviction (by colleen [MA]) Posted on: Dec 6, 2022 2:07 PM
Message:

well they are starting to pay rent,.that is .they paid last month,..but nothing yet this month,.they are 5 months behind and announced that they would pay an extra 200 dollars until paid up,..we did not agree to that,..at over 8000 it would take a long time IF we did agree to that,..

so I guess we can do a fault,..

I once heard a lawyer say that "possion is 9 tenths" ect is misquoted,..that its really 9 POINTS of the law,.and very different,.

btw I had a lawyer that was supposed to be a real easte lawyer and considered good by our local LL's Assoc,.for evictions.but had to recently fire him as we went for months w/o him ever returning our calls,. --185.240.xxx.xxx




Ma eviction (by colleen [MA]) Posted on: Dec 6, 2022 2:11 PM
Message:

BTW we haven't cashed that last month rent check (casher's check,..no 200 extra paid) from them as I don't know if that would obligate us from not evicting them,..waiting for legal advice on that... --185.240.xxx.xxx




Ma eviction (by LordZen [MA]) Posted on: Dec 6, 2022 7:22 PM
Message:

Collen are you part of MassLandlords ?? If you are, they have a hotline with 2 persons, they are very good for any type of questions, one of them is Peter Shapiro author of the Book: The Good Landlord. --98.216.xx.xxx




Ma eviction (by RentsDue [MA]) Posted on: Dec 6, 2022 11:22 PM
Message:

Nonpayment or no fault both take about 6 months. Pros and cons to both. If you file for nonpayment , they can pay up the day of court and that stops eviction. They can simply say they have have applied for rental assistance ( they dont need to prove it) and that stops eviction. If it is no cause they are more likely to be granted a stay but they will have to go eventually. --68.191.xx.xx




Ma eviction (by colleen [MA]) Posted on: Dec 7, 2022 10:03 PM
Message:

lordzen,

I belong to the local Greenfield, LL Asoc.I guess thats not the same? Other than reading their newsletters,I haven't used them much,..

RentsDue,

So it sounds like its going to be hard to get them out as they have tools to stay.

Lawyer has not called back yet but in your opinion what would you do to remove them?

Would you not cash that Nov casheiers check/ (Dec hasn't come yet if it does),.

But would cashing it obligate me in any way?

--185.195.xx.x




Ma eviction (by steve [MA]) Posted on: Dec 8, 2022 6:03 AM
Message:

Colleen, have you sent notice that you were terminating their existing rental agreement? If not that's your first step.

As far as cashing their latest check & they're being" they are 5 months behind and announced that they would pay an extra 200 dollars until paid up", does your rental agreement state how monies received will be applied? If not that is something that you should address in your future rental agreement. IMO since they are already so far behind, I would endorse the check with "Being Accepted for Use & Occupancy Only" cash the check, send them a statement showing that this money was applied to their oldest past due rent. Make sure that you include a statement of their account starting from the last time they were current & listing every late fee & monthly rent due since then right up to today.

Mass Landlords (://masslandlords.net/ )the state wide LL group that Lordzen mentioned offers lots of on line courses on how to copy with MA LL / Tenant situations in accordance with our strict rules & regulations. I highly recommend joining them. I also recommend that you get & read a copy of H John Fisher's book Property Management for Massachusetts Rental Owners (://www.amazon.com/Property-Management-Manual-Massachusetts-Rental/dp/0692293353/ref=asc_df_0692293353/?tag=hyprod-20&linkCode=df0&hvadid=312607785736&hvpos=&hvnetw=g&hvrand=681478695853596599&hvpone=&hvptwo=&hvqmt=&hvdev=c&hvdvcmdl=&hvlocint=&hvlocphy=9001932&hvtargid=pla-569400136542&psc=1&tag=&ref=&adgrpid=61775261186&hvpone=&hvptwo=&hvadid=312607785736&hvpos=&hvnetw=g&hvrand=681478695853596599&hvqmt=&hvdev=c&hvdvcmdl=&hvlocint=&hvlocphy=9001932&hvtargid=pla-569400136542).

By the way John was & still may be very active in several of the western MA LL associations.

Since you don't have any confidence in your present attorney, I suggest that you visit your local district court or housing court when they're doing LL / Tenant matters to find a good attorney.

--72.93.xxx.xx




Ma eviction (by colleen [MA]) Posted on: Dec 8, 2022 12:58 PM
Message:

Steve,

Not sure I understand about terminating existing rental agreement,... then what? THEY FOR SURE WON'T SIGN A NEW ONE AS THEY ARE HOSTILE.

NO OUR RENTAL AGREEMENT DOESN'T STATE HOW MONIES RECIEVED WILL BE APPLIED. AND I WILL CHANGE/ADD THAT IN THE FUTURE. --96.236.xxx.xxx




Ma eviction (by Steve [MA]) Posted on: Dec 8, 2022 8:06 PM
Message:

How do you expect them to know that you no longer want them to live there unless you give them a notice that your are terminating their present MTM rental agreement? If you haven't already given them one & presuming that their rent is due on the first of the month I suggest that you do this; Send them written notice on or before 12/31/2022 that you are terminating their present MTM tenancy effective 01/31/2023. Along with the notice make sure to include your move out instructions including asking for a forwarding address & what to do with the keys. You'll want to be able to prove when they received this notice so it might be wise to have a constable or someone from the sheriff's department serve it. --72.93.xxx.xx




Ma eviction (by colleen [MA]) Posted on: Dec 9, 2022 11:11 AM
Message:

Steve,

thank you so much for responding!

Of course you're right, but I think I'd better let the lawyer do that which might give a slight push to have them keep paying the rent. I supply the heat in this building and with the fact of the oil prices skyrocketing, and the fact that even with a lawyer I'm told that it may take months to get them out, I'm hoping they will continue to pay the rent as it would cover a good portion of the oil.

They are absolutely miserable to deal with, and very vindictive. They will generally use any excuse to not pay rent.IE They had a minor cracked window which was not cracked when they moved in, and was not noted on their check-in list things as so, but they used it to not pay rent until it was fixed but would not let our worker ago when we tried to fix it.

This lawyer has been the one suggested by our local landlords Association but he has yet to contact us yet.

--185.195.xx.x



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