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Updated almost 8 years ago,
Mentally unstable tenant
Hello everyone,
I ran into a unusual problem and want some advice. The property in question is in MA. The tenant in question is on a month-to-month lease.
One of my tenants had an episode couple of weeks ago during which she damaged the property, started throwing her stuff out in the yard, and apart from other things, was found sitting naked in the apartment (along with her 2 kids who were also naked). We ended up calling the police who eventually called EMS, and after much struggle, she was transported to a mental institution (they had to sedate her). The children are in Child welfare services custody. This tenant is the only one on the lease, although she has 2 roommates who have been paying significant portion of the rent to her (I inherited this when I bought the property 9 months ago).
Now that she is in a hospital (and police wouldn't provide any additional details), we don't have any way to contact her, and I am obviously losing rent. I am looking for suggestions on what to do for next steps. I can send her a notice to quit for non-payment of rent but since she is not going to be able to see the notice, I am not sure if this is the best option. If it comes to eviction, a counter-argument can be made by her that she was not in a position to see/respond to the notice. Also, I am not sure what the court would rule in my favor given that she was unable to respond because of medical issues. The roommates are planning on leaving soon, so she wouldn't have money to pay the rent by herself either way once she is back.
Any suggestions on how to tackle this situation outside of consulting legal resources?
thanks. Vikas