Need Help with 30-Day notice c

[Eddie Fleckenstein]

Hi Everyone! 

My partner and I remember recently purchased our first property which is a 3 family in Chelsea Massachusetts (very tenant friendly state). My partner and I will be landlord occupying. The building has 1 unit vacant and 2 occupied. Both of the current tenant's leases end on 8/31. We decided to renew the lease for the tenants in unit 1 and are asking the tenant in unit 2 to leave because she did not meet our application requirements.

In Massachusetts we are required to provide 30-day notice by the end of August if we want to tenant to leave by September 30th. The tenant does not speak English only Spanish although her sister speaks English and has translated for her so far. My partner and I are also concerned that she might not leave after the 30-Day notice and its possible we could have to file for eviction. 

I'm wondering:

1. Are their requirements for what needs to be in a 30-day notice form? 

2. The current tenant is the only one on the lease but has 2 other "roommates" living there (that we know of) who are not on the lease (Its a 4 bedroom apartment). Any advice on how to word the 30-Day notice to ensure from a legal perspective that means all people currently living in the unit? 

2. Are there templates or resources on how to make a Massachusetts 30-day notice form that meet any or all legal requirements for the form?  

3. Are there any 30-day notice templates in Spanish? 

4. If the answer for point 3 is no, should I hire a translation service to professionally translate the 30-day notice to ensure the translation is accurate and will be seen as valid in court (if it comes to that)? 

5. I'm thinking of mailing the 30-day noticed from the post office direct recorded mail so I have a record that the notice was sent to my tenant. I would mail both an English and Spanish copy of the form. Is that sufficient or are the further steps that I should take to prove notice was sent to the tenant? 

Appreciate any advice or guidance, don't want to get this wrong! 

[Douglas Snook]

@Eddie Fleckenstein Thanks for the additional info. You could be in for a bit of a fight if she doesn't leave on her own but that's just how it always is.

Not knowing the additional names could be an issue down the road but what can you do.

When you purchased the place did you have the seller/landlord give you letters of indemnification signed by landlord and tenant? Did he transfer any security deposits and last months rent (or sign off that there are none) That all could come into play if it gets to court.

Did you send letters to the tenants stating you are now the owner and rent should be paid to you etc? How do you know she didn't meet the application requirements? Did you give her an application to complete and then declined it? If you gave her an application you should have asked for everyone living in the apartment etc.

Perhaps what you should have done is given BOTH tenants notice of new ownership, advised their leases are expiring 8/31 and in order to possibly renew they would have to complete a new application and meet the new criteria (which you have written down and applied equally to both tenants) THEN advise her she didn't meet the criteria and therefore lease not being renewed. But it is a little too late for that so you will have to run with what you have.

So once she gets the notice she will be calling you. Be very careful what you say, and make your own notes afterwards. Just keep it simple - the tenancy is not being renewed, please move out by the end of September. If you have already told her she doesn't meet your criteria, don't get into it with her about how or why etc! She may counter that she needs more time to find a place, save up the money etc. DON"T agree to more time up front. If she doesn't move, file the court action. If in court she says she needs more time, then it can be written up as an agreement in court. That way if she doesn't move you can get the Execution rather then starting the court process at that time.

One more thought, since this is Chelsea, there are various programs in place that will help tenants with various costs, including moving costs (and first, last security at a new place) You may get a call from Legal Aid as well that they are helping her.