Boston MA - Tenant Accusation and Restraining Order on Landlord

[Chan K.]

Hi Landlord,

I want to brainstorm the following scenario:

I have a newly occupied tenant who has cleans record. She moved into my 1-Bed unit 3-4 months ago, and in her mid-30. Since the beginning, she struggled and paid rent late all the time. She only pays rent when I text/call to remind her. 

Recently, I got a message from her through email accusing me that I threat her and put a lot of emotional distress toward her. She also accuses me of being sexist and ageist. She gave me 1-2 week notice to vacant, and that I return her deposit. If I don't, she will take legal action against me. Finally, in her email, she told me not text/call or talk to her in person or she will put a restraint order on me. 

Can she really do that? I only call her to ask for my rent. I know she is a bit paranoid though. I usually collect my rent weekly and due on Sun. One time she did not pay until Wednesday. I called and left a message saying that if she does not pay by Friday, I would start an eviction process. I thought it was reasonable ....

FYI: she is leasing the unit for 12 months and 30 days notification to leave contract.

Let's discuss this topic ...

[Russell Brazil]

Originally posted by @Chan K.:

@Ned Carey If I hire a lawyer to represent me at the court to defense me from the accusation, property damage, lease broken, .... and that I won the case, would the court order her to pay for all my legal fee?

 While the court may find in your favor....good luck actually collecting from her.

Also I do suggest that if you end up in court....or in front of any sort of disciplinary body like the Boston Fair Housing Commission....you absolutely must get a lawyer. The tenant friendly policies in Massachusetts (I am originally from there, have been a Realtor there and still invest there) are quite absurd.  Merely asking the question of "Where are you from?" is a Fair Housing violation in Massachusetts. The bar is set very very low for you to get in a lot of trouble there. A couple years ago a Realtor was fined almost $75,000 for as asking that simple question in the course of casual conversation with a client.