Homeowner · MA · Member since 2009 · 24 posts · 0 votes
Hi all-
The plot thickens and as I am waiting for a reply from my lawyer, I thought I would see if anyone has knowledge of this issue.
Today, I found out that my horrible tenant is keeping someone at the house on house arrest. It could be his adult son, but I am not sure. It seems, when the agent was showing the house the CO detector, plugged into the wall was beeping. I am out of town and afraid to not respond to issues like this. I called the Fire dept to check it out and my realtor was there to let them into the basement if need be. Amongst, the fact that the tenant called the police on my realtor and screamed for her to get off his property, yes where I live also, and said he was having the sale assigned to someone else, it seems that the alarm was a house alarm system as someone is under house arrest.
Just wondering if this gives me more legal rights as I live there and was not informed, or if this gives my tenant EVEN more rights?
BiggerPockets Founder · HI · Member since 2008 · 16k+ posts · 5k+ votes
17y
Not sure I completely follow, Sandra. What do you mean the tenant is keeping someone in the house on house arrest? Are you saying that a judge ordered the person staying in the house to stay there, even though he doesn't live there or have a lease?
Real Estate Investor · OH · Member since 2008 · 4k+ posts · 1k+ votes
17y
Sandra,
I assume that you mean the tenant is allowing another criminal to live there and that criminal is under house arrest either in lieu of prison or waiting for a prison bed to open up. If that's the case, I don't think it affects your case, other than to add one more lease violation to the long list the tenant has committed. I would say that this won't be terribly relevant in court, especially in the People's Republic of MA!
Homeowner · MA · Member since 2009 · 24 posts · 0 votes
17y
Hi Mike-
The court case has been reassigned for August 21st. My lawyer wants to see what the tenant and his lawyer are looking for. No-one is responding so far. I'm getting a little ticked because my lawyer does not seem to be doing too much, but we'll see.
One would think that in an owner occupied 2 story, and as a single woman, that I should have a scrap of a right.
He is insane if he believes he can re-assign my realtor.
Homeowner · MA · Member since 2009 · 24 posts · 0 votes
17y
Yes- I believe it is likely the tenants adult son, and he is not supposed to be living there. which now makes 5 people living in my house free from paying rent at this point.
Yes, I am supporting 5 adult males, as a single woman. Intimidated, screamed at and bullied. Not to mention they are selling drugs.
I think I need to get an article written.
Real Estate Investor · OH · Member since 2008 · 4k+ posts · 1k+ votes
17y
Sandra,
As I said before, I think you've got the wrong lawyer. The tenant isn't paying rent; has a bunch of scumbags living there; and has intimidated you.... AND YOUR LAWYER WANTS TO KNOW WHAT THEY WANT??? Are you kidding me????? It sounds to me like you're being victimized a second time by the lawyer.
I would find a lawyer that understands that you want this scum out - NOW! You need a lawyer that will fight - not try to settle with the drug-dealing scum. You need a lawyer that will do everything in his power to expedite things - not postpone them for endless months.
This is about the most ridiculous thing I've ever heard! YOU need to take control of the situation.
Obviously, I am not a lawyer and I don't reside in the socialist state of MA! This isn't legal advice, but it is exactly what I would do if I were in your situation.
Have you gone to your local REIA meetings and talked with the SUCCESSFUL landlords in your area. It's hard to believe that this is a typical eviction - even for MA!
Homeowner · MA · Member since 2009 · 24 posts · 0 votes
17y
Hi Mike-
The biggest problem with this case is that he WAS paying rent until the eviction process started and has called the Board of Health etc, with phony complaints. Even though it seems so incredulous that this is going on, the successful landlords that I have talked to, all settled to get rid of their tenants. The ONLY way that you can get anywhere is when they are not paying rent.
I had and continue to have the same reaction as you do. The successful landlords say to use my lawyer. But I just wonder constantly what the hell is going on.
I have spoken with EVERY recommended landlord attorney (7) and got the same reaction from them ALL. One told me a story about a little old lady with a man in an apartment in her house. He seriously terrorized her, but because he paid his rent and kept playing legal games, she could not get him out for 2 years!
Massachusetts is the WORST state in the country for Landlords. I believe this guy is SO possessive of my house that he is going to drag it out as long as possible. Something has made him so arrogant, it's ridiculous. The Sheriff said to me, "Just sell it and let someone else deal with him." WTF? But yeah, I am trying.
It is hard to believe for any state. It's absurd- I agree. The apathy I experience from everyone ie: State Rep, Selectboard, Sheriff's, the Police Dept, lawyers, etc, is unbelievable.
This is why I say, I need to get a huge article written-I'm at a loss.
Real Estate Investor · North Carolina · Member since 2008 · 1k+ posts · 483 votes
17y
If you plan on remaining a landlord you need to review and improve your lease. It should have a clause regarding visitors and how long they can stay.
With my low-income rentals I use a 6 month long lease that converts to a month to month. At the end of the term if I don't want those tenants any more I can simply give them seven days notice, with no reason for the termination needed.
If you plan on remaining a landlord, you need to become your own expert on the legal matters pertaining to landlord/tenant law.
You say drug activity is occurring? Go on record with the authorities about this immediately. Here in NC the government can SEIZE YOUR PROPERTY if you knowingly allow illicit activity in your rental.
Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
17y
Hey Mark, give Sandra's other threads a read. She inherited this tenant with the property. She's tried to get the cops to deal with this guy, who's been threatening her, to no avail. She's spent thousands on a lawyer to kick the guy out, also without success, at least yet. Not to mention, its a duplex, and she's trying to live in the other unit. Its a very bad situation.