I am terminating a MTM tenant. They pay through ClearNow . They do not want to leave so I’m expecting that they will not just move out. As I have ended their tenancy, I plan to unenroll them from ClearNow, as any money received will revive the tenancy . I’m not sure how else to do this. I know how to handle an eviction , just never one a EFT service. No way to designate “ For Use and Occupancy Only”. Sheriff will be serving notice this week.

A friend with rentals is in the same pickle with a tenant. His attorney advised that he stop the path for payment or else tenants could make a small partial payment and my friend would have to re-start the eviction process.

If you are truly evicting someone what is the larger priority? Getting the place with a limited amount of damage or getting paid for that extra time that they linger?

You have to getting rid of them for a reason, why give a judge a reason to keep them any longer?

RentsDue,

I see [MA] and I already feel your pain!

MY judge taught our group there is no law requiring the LL to accept rent. He said PAID and ACCEPTED are not the same.

In YOUR case I would advise them the autodraft system is for residents in good standing so you will not be accepting autodraft from them any more.

If this helps, maybe re-work it...

My lease is clear: "The walk-in deposit only bank account is for residents in good standing. Once eviction is filed that resident is no longer in good standing and any payments made will not be accepted and shall not delay eviction in any manner."

MY judge approved my wording but we've never tested it.

In the past, (not in MA) I have brought their last money order to court and openly laid it on the table for all to see. If they complained we stated it was not ACCEPTED. Got my eviction and walked out with the money order.