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Updated over 3 years ago on . Most recent reply

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Chris S.
  • Investor
  • Boston, MA
7
Votes |
42
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How To Get Rid Of A Tenant (without Evicting)?

Chris S.
  • Investor
  • Boston, MA
Posted

So one of my tenants has become a problem in regards to paying rent.  She is about 2.5 months past due on rent from earlier this year and hasn't paid rent for August.  I've tried to text and her and she is not communicating. I was working to give her flexibility as she had let me know she was having pandemic related financial issues, but I know she is working now.  

I'm in Massachusetts and from what I can gather, since we are in a county with 'substantial spread' and eviction is out of the question.

She is tenant at will and so I'm wondering if there is any method I could use to just sort of force her out without evicting?

A letter telling her that her rent is increasing by 30%?

A letter telling her that I'm moving to an annual lease with a steep monthly increase?

And in regards to the back rent - what is my course of action there?  Just let it go? 

Most Popular Reply

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2,465
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Patricia Steiner
  • Real Estate Broker
  • Hyde Park Tampa, FL
3,858
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2,465
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Patricia Steiner
  • Real Estate Broker
  • Hyde Park Tampa, FL
Replied

Let's start with getting you paid:  file a Small Claims lawsuit online for the full amount of the unpaid rent.  These lawsuits are inexpensive (about $35), can be filed online in most municipalities, and are exempt from any moratorium conditions.  Get your judgement and get it filed with the credit bureau so before she gets that next apartment, new car, credit card, i-phone and the like, she will have to settle with you first. You can also assign this to an collection firm - one that does it for a flat fee or a percentage collected are best.  Get paid.

Get her out.  If she is on a month-to-month lease, provide a termination notice. In most states, 30-days notice must be given.  You are under no obligation to explain yourself, you can just terminate.  Once a lease has expired, it's not covered by the moratorium so it's a cheap, quick date.

Issue her a Notice To Quit for Non-Payment of Rent.  This gives her (in most states) 3-days to pay or face eviction.  You can get your state's Quit form online through your state's BAR association for free.  Just follow the notice rules on it and you're good to go.

I recommend doing it all at once as a "shock and awe" event.  When the tenant sees there's no way around or through this, I'm pretty sure you'll be paid and she will find another place to live.  

You've got this...do it now.

Best.

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