All Forum Posts by: Angela Hsieh

My tenant requested 3 months stay of execution on Nov 2016. Judge gave her one month extended stay and she had to pay me. Yesterday is her last date and she didn't pay me and she didn't move out. Can I use original execution to give her 48 hours notice?

Thanks for everyone replied.

I was feeling so bad for her sick so i didn't start the eviction process right away. My bad!!

It is a big lesson for me.

According to MA eviction law, I am confusing for the paragraph below.

"The Stay of Execution 

If the eviction was not your fault or you cannot in good faith find a place to live, you may be able to convince a judge to grant you a Stay of Execution, allowing you to stay in your apartment for up to six months. Elderly or disabled tenants can request a stay of up to one year. If you are being evicted for non-payment of rent, you do not have any legal basis to request a stay. However, if your damages (which may arise from counterclaims filed against the landlord) are less than the amount owed to the landlord (e.g. back rent), you have seven days to avoid eviction by paying the balance, with interest, and court costs (M.G.L. c. 239, § 8A)."

Does that mean she cannot request to stay because of non-rent payment? No matter she is elderly or disable??

Thanks

Hi,

My tenant didn't pay August and September rent plus water bill from Feb to now.

She is a elderly and sick.

At beginning of August, I was trying to contact her but her phone didn't accept any income call.

I called condo management to check to condo, but there is no one inside the condo. 

So they left the a notice to ask to call me back ASAP.

She called me back (8/17/16) and said that she got cancer. She was in hospital.

I felt bad for her. She said that she would deposit the rent next day (8/18/16).

However, she didn't deposit the money.

I tried to contact with her again, her cell phone would not take any voice mail.

I found her emergency contact person, she said she will try to reach my tenant and ask her to call me back. That was on 8/24/16.

My tenant didn't call me back and emergency contact person also doesn't response any call until 8/29/16. The emergency contact person said that she spoke to my tenant on 8/24/16. My tenant is ok. The emergency contact person wants step out (that's what she told me).

I tried to call my tenant again, her phone finally can left the voice mail. I left the voice mail and she never ever response my call.

Finally, my father drove 8 hrs to there to check if she is ok or not on 8/30/16.

He went to management office first then went to condo.

He heard there were someone talking inside the condo, so he knocked the door and my tenant  opened the door.

My father felt better because she is ok.

We ask her why she didn't response us, she didn't answered.

We ask her to pay the August rent because if she didn't pay on 8/30/16, she will get late charge for $100.

We know her health is not good so we asked her if she has personal check.

She said that she didn't have personal check.

She would go to bank next day and give me a call after she finished doctor appointment (8/31/16)

My father was worry about her and asked her if she needed a ride to hospital.

She said her daughter would take her to the hospital.

She still not call me and response all my calls.

Can I evict her out?

Will judge let her to stay in my condo because she is elderly and sick?

Anyone recommend an experience lawyer in Mass? 

Thanks