Sick tenant with no rent payment

[Angela Hsieh]

Hi,

My tenant didn't pay August and September rent plus water bill from Feb to now.

She is a elderly and sick.

At beginning of August, I was trying to contact her but her phone didn't accept any income call.

I called condo management to check to condo, but there is no one inside the condo. 

So they left the a notice to ask to call me back ASAP.

She called me back (8/17/16) and said that she got cancer. She was in hospital.

I felt bad for her. She said that she would deposit the rent next day (8/18/16).

However, she didn't deposit the money.

I tried to contact with her again, her cell phone would not take any voice mail.

I found her emergency contact person, she said she will try to reach my tenant and ask her to call me back. That was on 8/24/16.

My tenant didn't call me back and emergency contact person also doesn't response any call until 8/29/16. The emergency contact person said that she spoke to my tenant on 8/24/16. My tenant is ok. The emergency contact person wants step out (that's what she told me).

I tried to call my tenant again, her phone finally can left the voice mail. I left the voice mail and she never ever response my call.

Finally, my father drove 8 hrs to there to check if she is ok or not on 8/30/16.

He went to management office first then went to condo.

He heard there were someone talking inside the condo, so he knocked the door and my tenant  opened the door.

My father felt better because she is ok.

We ask her why she didn't response us, she didn't answered.

We ask her to pay the August rent because if she didn't pay on 8/30/16, she will get late charge for $100.

We know her health is not good so we asked her if she has personal check.

She said that she didn't have personal check.

She would go to bank next day and give me a call after she finished doctor appointment (8/31/16)

My father was worry about her and asked her if she needed a ride to hospital.

She said her daughter would take her to the hospital.

She still not call me and response all my calls.

Can I evict her out?

Will judge let her to stay in my condo because she is elderly and sick?

Anyone recommend an experience lawyer in Mass? 

Thanks

[Gail K.]

One does feel sorry for the elderly who are sick but you do realize this is a losing situation with this tenant.  It is time to evict her.

And for those who think this is cruel, I'm one of those "elderly" folks (I'm about to turn 65 in a couple of months and if I get one more notice in the mail about Medicare supplemental insurance I'll scream) and a breast cancer "survivor".

Your tenant does have a daughter so she is certainly not alone in the world.   And there is something funny going on here when her "emergency" contact wants to step out of all of this.

She has told you stories when she will pay and has done what many deadbeats do when confronted with calls regarding late fees...they simply don't answer the phone.

Begin the process of eviction due to failure to pay rent for your state.

Gail