Disclosure issue- Seller

[Sandra Sunshine]

Hi All,

I was served with an Answer & Discovery by my nightmare tenant.
BTW-The house is on the market and tenant scared away potential buyers, even though he agreed to a showing, he intimidated them via his very typical way and they said they did not want to see the upstairs or deal with the tenant.

In the Answer, the first claim is tenant states he has annual lease signed inn 2005 that is held over and I can not serve Notice for Possession as in a No Lease situation. Also that I have violated the terms of the lease. He told me he had no lease as did the seller and agent!
I was sold the property with No Lease. I have since questioned the Selling agent (who was also the property manager for the duration of this tenant), she claims NOW that she can't find it.
My agent tried to get all the info including a Lease and was told repeatedly there is No Lease.

Is this a liability issue?

I have the best landlord attorney ( Thanks Dad!) and zip for money. He tells me that I have one of the worst cases, becaue this guy knows what he is doing and set me up. He states I should settle. He also said they will likely ask for $50-70,000, but I will probably end up paying him $5-7,000.

I'm floored! Should I just go to trial? I can't imagine any judge looking at the evidence and stating he can stay or I have to give him a boat load of money.

Thank God he has chilled on the dealing from my home and is starting to keep a lower profile after my last police report. Though nothing is consistent with his behavior.

PS. My lawyer told me that my attorney and realtor did not ask the right questions, though he has represented the selling agent multiple times in evictions.

Any help would be great, this is so tricky and I'm broke.
Thanks
Sandra

[Michael Rossi]

Sandra,

I'm not at all convinced that you have the best lawyer. Is your father a real estate attorney? If not, you need one that knows real estate law forwards and backwards!

In most places, the absence of a lease means that the tenant is on a month-to-month lease. You need to KNOW what the law is in the People's Rupublic of MA! If there is no lease, then you just need to follow the law and give him the appropriate notice to terminate the lease. If he's filed a discovery order, then you need to do the same and demand a copy of any lease the tenant possesses.

If the tenant has a lease from 2005, then it is likely expired and has likely reverted to a month-to-month tenancy. Again, you need to know this.

I think that is COMPLETELY RIDICULOUS! For the tenant to be awarded damages, he must show "damages". What damage has been done to him? NADA!

On the other hand, he has made YOUR life miserable to the point that you can't even live in your house. YOU HAVE DAMAGES and I would certainly counter-sue him. In addition, I would move back in and call the police everytime the tenant does anything wrong. Furthermore, I would encourage the neighbors to call the police EVERYTIME they see something wrong.

As I suggested originally, you need to know the criminal background on this person. You CAN get this information - it is public record. Go to your local courthouse and get it!!!!!!! Then, go apply for a handgun permit so that you are prepared to defend yourself. Landlords get attacked by crazy tenants all the time and you've got a nutjob!

Your one and only focus needs to be getting this guy out of your house! As I told you long ago, you won't be able to sell the house with a crazy tenant in it. GET THIS GUY OUT ASAP!

Get an experienced real estate (eviction) attorney. Start the process TOMORROW to get rid of this guy. Your real estate attorney should know exactly how to do it.

Good Luck,

Mike