My tenant ignored rent increase, what to do next?

[Linda Roberts]

Hi, I am a new landlord in Massachusetts. We purchased a multifamily a year ago with one apartment occupied. This family doesn't cooperate with us. They are tenants at will and we don't have any written agreement.  They pay rent, but it's at least $600 below the market price. 2 months ago I sent them a letter where I terminated current lease and offered a new lease under a market price, starting March 1st. On March 1st I received an old payment. They transfer payments directly to the account with Zelle. How should I respond? What should be my next step? Are there any formal standard letters for this situation? Also I was told that I should not deposit check, but in my case it's direct money transfer. What should be done about it?

[Brad Hammond]

Hi @Linda Roberts, this is a tough one, sorry you are in this spot.  I think the first thing you need to do is not let them use that system.  They need to pay you with a check or Cozy or another system that will make them pay all or nothing.  That way moving forward you will be better aligned with the law.  From there, it will be easier to evict for nonpayment of rent.  

For this month, you can send them a notice that they still owe you the remaining balance of the rent but don't count on collecting.  You will need to start over with April's rent if you are going to use that for the eviction process.