My Eviction - Massachusetts Housing Court & The Mediation Process

I've recently had the privilege of being a guest of the Massachusetts Judicial System along with a deadbeat tenant of mine. In the fifteen years or so I have been investing in real estate, this was my first experience with a court assigned mediator. I'd like to share my experience to show how the process works and to show that it's not scary, or intimidating, or painful. Hire an attorney or go it yourself. It's a matter of your personal and financial preference but the process is the same.Just for some background, I spent the good majority of my years going through district court for my evictions as opposed to housing court. 

see: http://www.biggerpockets.com/blogs/5005/blog_posts...

That is no longer the case as the Housing Court has moved to my local courthouse here in Leominster. 

You should already be familiar with the housing court process in general

I'm going to assume the housing court process is basically the same no matter which division of the housing court you are going to based on your geographic location. Maybe you can comment below on your experience with mediation at a different court house. 

The housing court judge in Leominster only sits on Fridays so basically it's a madhouse every Friday from about 8:30 AM until noon with anywhere from 20-40 cases being heard. Check-in time starts at 8:30 and there is typically a line out the door. I prefer to wait in my car until the last possible minute. You must check in by 9:00.

The first step in the process is checking the list of cases posted on the wall in the lobby for your particular case. Each is numbered and you then give your number when you check in. Each side will presumably check in but in the event the defendant (tenant) doesn't, then you will win by default. I wasn't so lucky this last time around. My tenant showed up with her mother, her two kids, and her boyfriend with his large black collar around his ankle. 

Shortly after 9:00 the files are packed up, last call is made, and the court officials retire to their sleeping quarters (or somewhere else I imagine). If both parties are present they begin calling you in for mediation and in my case it meant a trip to the basement to a windowless room. The mediator, myself, and my tenant (no room for kids, parents, or baby daddys).

Mediation involves you, the tenant, and an impartial third party

Mediation took all of about 10 minutes. The mediator sat at her desk, asked questions, and offered no advice or guidance. She shared facts about how it would play out if we went before the judge but offered no opinion about who was right or wrong. I basically went in with the intention of making one deal with the tenant to show the judge that I'm willing to try and work with the tenant to fix the situation (I knew full well she had no intention of paying me and was going to be out soon enough). I will spare you the details but one of her reasons for not paying her rent is that she had to pay her cable bill, internet, and cell phone bills. 

There are two options here, make a deal or go before the judge

We agreed that she would have 8 weeks to find a place and move out. She had to make weekly payments starting the following Friday and if she missed one payment I could go to court and get my execution and have her belongings moved out by a sheriff. Essentially I was given a delayed execution. Her tenancy is over at this point. She agreed to this. The judge will be notified of our agreement and it's binding. She signs the agreement and there is no going back. I spent more time waiting for the judge's autograph then I did making the deal.  

(I'm not getting too much into the whole eviction process and assuming you know the basics but maybe that 's a topic for another blog post for new investors to learn more about the general process)

Ultimately she was out within a couple days of the end of her "grace period" so to speak although i will mention that I did stop receiving weekly payments after a few weeks. I chose not to have her evicted against the advice of basically everybody and I let her stay. She had young children and I know her family. She has her problems and screwed me over but that's what I decided. It was a cold winter around here. At this point I could certainly sue her in small claims court for what she owes but what good would that do? She has no money, she lives on welfare, two kids, food stamps, and the list goes on... We'll see on that one. I haven't decided.

Long story short, I showed the judge I'm willing to mediate. I went through the system and I allowed the process to play out. Had she not moved out I was one day away from going back to court for the execution. (I had to wait until Friday) I could have played hardball but that opens her up to a public defender and I would have had to stay longer and talk more and I was tired. I say start with mediation every time. Give them a week if you want but make some deal. Show the judge you are willing to work with the tenant. If you have to eventually go before the judge, now you have a deadbeat tenant, you made one deal and they broke it, and now you need her to move out. It will go a long way in my opinion. 

At the end of the day, no matter what, there is always a better tomorrow

She is now gone to who knows where but I will say this... She cleaned the apartment, left no trash behind, a clean refrigerator, and I re-rented it as-is for $75 more per month and have a much quieter tenant and a happier building all around. I wonder had I played hardball would she have just left it a mess and not cared. And there's all that... 

And the prince lived happily after, The End (wait, wrong ending)

Please comment below with your experiences and anecdotes relating to housing court and the mediation process. Do you have a specific question about the housing court process? Ask in the comments below. I'll do my best to show you the light...

photo credit: http://www.queensledger.com