Uncooperative Inherited Tenant

[Konstantin S.]

I am a first-time landlord and homeowner, and have recently purchased a fully tenanted duplex in Western Massachusetts, intending to owner-occupy one unit for the first year. 

The security deposits were transferred to me via the closing agent/attorney. Two banks I have talked to advised that each tenant needs to fill out IRS Form w-9 per federal law to open the appropriate account (tenant/landlord) for those monies (Sec.Dep + LMR).

One tenant had no issues filling out his w-9 so his account/security deposit is all set up now.  This tenant also paid his rent on time and in general appears to be a reliable one.

The other tenant is not cooperating with the w-9 request so I cannot open the appropriate account for his security deposit - I am concerned this tenant may attempt to use this against me later so I need to figure something out for this A.S.A.P.

He has been served a 60-day notice to quit (no-fault) based on terms of the assigned/inherited lease and advised me that he intends to fight the eviction in court stating '60 days is not enough time to find a suitable place to rent' and 'I know my rights.'  Note: MA law allows for 30-day no-fault notice to quit, however, we decided to err on the side of caution based on lease terms specifying 60-day no-fault termination. 

The notice to quit was served 11/30/2020 right after the closing so that I could move in within 60 days to satisfy the mortgage loan's owner occupancy requirements - he did indicate he wants cash-for-keys to 'help him cover his moving expenses' or will fight the eviction tooth and nail in court - claiming hardship from COVID, etc..  

He has a note from a doctor claiming he 'has anxiety and would benefit from an emotional support animal (dog) in his duplex' - he keeps two dogs in the apartment that caused significant damage inside the unit over time.  If not for that note, he would be in violation of the no-pet clause clearly specified in the lease.  He may bring up this note as a 'disability excuse' to try and bolster his eviction case.  In my dealings with this tenant, he has been verbally combative and argumentative, whereas I tried to be as careful/courteous and professional as possible.

This tenant has another adult person permanently living with him, not on the lease, he only identified as 'my fiance' - and refused to provide any identifying information on that person.  The lease has a no-sub-leasing clause so that would be a clear violation.

He also has not paid me rent after the closing to date (due on the 1st of each month) - we agreed to two 1/2 payments to help his financial situation, however, the first payment will be two weeks overdue this coming Friday 12/11.  

This is a 1-year lease that matured 11/30/2019 then auto-renew.  The (inherited) lease allowed for no-fault termination at any time within the lease term with a 60-day written notice by either landlord or tenant. 

What are your thoughts on the best course of action?  

The end goal is to have this tenant leave as soon as possible within legal bounds without causing significant harm to my finances.

Thanks!

[Joe Splitrock]

@Konstantin S. I would issue them a 30 day notice to quit based on lease violation. Unauthorized occupants. You need to push up the timeline. Have an attorney use a process server to hand deliver. Work with an attorney. You are in over your head. I am saying that to help you realize you need an expert to walk you through this. Do not offer cash for keys, because the money is better spent on an attorney who can gain you legal rights to the property. Tell the tenant your attorney will be in touch with them. Odds are good once they start dealing with an attorney, they will realize this is real.