Massachusetts Eviction Issue

[Kervin P.]

How are property owners in Mass dealing with nonpaying tenants?

I have a “tenant” who is in my unit even though the lease expired last month. I gave close to a 60 day notice of non-renewal for the lease. They claim they have nowhere to go and can’t fully pay the rent.

[Sandy Gabin]

Hi Kervin, nice to meet you.  I'm like 25 minutes away from where you are and so far all my tenants paid their rent. Nice texting you. Stay safe! 

[Jonathan Bombaci]

Hi Kervin unfortunately with the courts closed you can’t force an eviction right now. And bad news is there is a bill on the governors desk to extend the mandates. We’re notifying tenants that can’t pay that rent is still due and if they can’t pay we’ll accept partial payment but they need to use any stimulus or unemployment money to get caught up. 

You’re in a tough spot because you were trying to get them out before. If the issue is that have no place to go you can try to find them a place to move or offer to pay the fee to use a rental agent to find a place for them. That would at least call them out on their excuse. They may still not move but it’s worth a shot.

Here is the article I referenced: https://www.bostonglobe.com/20...

Best,

Jon

[Brian Lucier]

Compassion! We all have families and are human and are being affected by this. This is the bill sitting on the Governor's desk waiting for him to sign it.

https://malegislature.gov/Bills/191/H4647

Here are some of the highlights of the bill once it is signed.

Term of the moratorium

• Takes effect immediately upon passage.
• Ends the sooner of
  • 120 days from passage or
  • 45 days after the lifting of the COVID-19 emergency.
• May be extended by the governor in increments of not more than 90 days, but not further than 45 days after lifting of the emergency.

Features as to evictions

• Broadly defines the concept of “non-essential evictions” to include evictions
  • for non-payment of rent;
  • resulting from a foreclosure;
  • for no fault or no cause; or
  • for cause that does not involve or include allegations of activity that may impact the health or safety of other residents or others.
• Imposes a moratorium on court filings or court action on non-essential evictions and tolls all pending deadlines for actions required by parties in non-essential eviction cases.
• Applies moratorium to both small business or residential evictions, defining small business as in-state privately held companies with less than 150 employees.
• Prohibits sheriffs and others from enforcing execution of eviction orders.
• For residential tenants, prohibits landlords even from sending notices requesting that a tenant vacate a premise.
• Does not relieve a tenant of the obligation to pay the rent due — it just temporarily prevents enforcement of the right to collect past due rent.
• Allows a landlord to apply a deposit of last month’s rent to cover expenses if tenant is not paying rent. This was the law already, but the bill reconfirms it.
• Prohibits penalties or negative credit reporting if the tenant provides notice and documentation to the landlord that the non-payment of rent was due to a financial impact from COVID-19.

Features as to foreclosures

• Applies only to owner-occupied residential properties with 4 or fewer units.
• Prohibits mortgagees from taking steps to foreclose.
• Requires forbearance (the restructuring of mortgage obligations to defer payment)
  • for not more than 180 days without penalty;
  • if the mortgagor submits a request to the mortgagor’s servicer affirming that the mortgagor has experienced a financial impact from COVID-19;
  • deferred payments are to be added to the end of the term of the mortgage.
• Prohibits negative credit reporting for payments subject to forbearance.

[Kervin P.]

Thanks Jon! @Jonathan Bombaci

[Brian Lucier]

@Kervin P.
@Sandy Gabin
@Jonathan Bombaci

https://malegislature.gov/Bills/191/H4647

It is official. Bill signed into law yesterday. Worth the read to learn how to proceed.

[Sandy Gabin]

Originally posted by @Brian Lucier:

@Kervin P.
@Sandy Gabin
@Jonathan Bombaci

https://malegislature.gov/Bills/191/H4647

It is official. Bill signed into law yesterday. Worth the read to learn how to proceed.

 Thanks Brian for the info! Have a great and safe day  

[Kervin P.]

thanks Brian! @Brian lucier