Inherited Tenant Massachusetts

[Andrew Valeri]

I closed on a 3 family March 1, 2021. In purchase and sale 1st floor tenant was to be given written notice of rent increase. 2nd floor to be given written notice to quit. Seller instead just gave verbal notice. (3rd floor was vacant and unit I was moving into after renovations.) Both 1st and 2nd floor were tenants at will.

1st floor was aware of rent increase. 2nd floor states they were not aware. I delivered 30 day notice to quit mid March since it was not in writing.

2nd floor had not paid rent since December 2020.

I contact both tenants once I was on record as owner to let them know I would be coming by to collect rent.

1st floor paid (there had been no previous issues with rent being paid)

2nd floor ignored my request. I made three attempts over text that all went unanswered. A few days later I delivered notice to quit. 

May 1st was day they had to be out by.

2nd floor has 3 adults living there: 

Tenant A (Mom ~50 yrs old)Tenant B (Tenant A’s Brother ~50 yrs old), Tenant C (Tenant A’s daughter.) Tenant C also has 3 children.

Around April 15th Tenant C (who I had no contact info for previously) texted me saying she’s been working diligently to get a place to live and she wanted to be upfront that she might need more time.

I told her to let me know what the update is after going back and forth looking to be helpful with different resources to check out for finding and apartment.

April 29th I text the Tenants since I have not heard anything further about them need more time so I assume they will be moving out before May 1 and told them where to leave the keys etc.

Tenants B and C both promptly answered back (I have no contact info for Tenant A) saying they needed more time.

Tenant C said she was still working on the same place however she needed more time and that it was a promising lead. She has been up front and has given actual explanations to the questions I have asked throughout the process.

Tenant B has not been cooperative. I have made it a point to let him know he must be responsive with me if I’m going to help him. I’ve told him to give me updates proactive as he gets them however small they are but he has not. He rarely answers any questions I ask. Questions about if he has been at showings applied anywhere this week etc. When he does reply it’s something like “nothing yet sorry to be a bother.”

Tenant C has assured me she is signing a lease 5/24 and will be all moved out by latest 6/1. 

I believe the tenants will not be protected by MA moratorium since I served them a 30 day notice to quit just terminating their tenancy at will and not a 14 day notice for not paying rent.

Additionally when I served Tenant B the notice to quit he asked me if we could work something out for payment and told him it wasn’t about the money and it was part of the purchasing of the house that their month to month lease would be terminated.

May 10th I got certified mail from Tenants A,B and C that they had applied for protection under the eviction moratorium for non payment. On the papers I was served they all stated they had done their best to pay everything they could possible and had communicated to me that they couldn’t pay all their rent owed because of a hardship. (None of which had happened upon 3 requests for payment.)

I plan to tell them that I will be taking legal action to remove them if they are not all gone by June 1. I feel as if I’ve been more than patient.

Has anyone been in a similar position to this during COVID times or heard about similar situation?

Any suggestions?