All Forum Posts by: Mike Hoefling

@Mike Hurney My tenant does not want to move out that is the problem. I offered him 2 months rent before the last trial and he declined stating he wanted 3 months. (in which I won possession). This is what makes it difficult.

@Chris Messier

Thanks for the tip, that statement is worthwhile to get if an agreement is reach in mediation/arbitration.

@Melissa S.

It is the tenants right to appeal however I filed for execution today and my tenant has not appealed only asked for "more time" on his motion. He did not file an Appeal or a Stay of Execution. I am no lawyer but I would think that since a filed for the execution there is nothing he can do at this point (tenants have 10 days to file an appeal). The move-out is inevitable, less something happens at Trial this Thursday that would delay the execution. I will keep everyone posted on what happens.

@Shaun Reilly

Ha, good point. I did end up speaking to an attorney on being served and essentially he told me it doesn't matter how you got the document in this case even though I am giving service through a constable. He advised me that it would be better to just show up for the court date than risk not being there and having it go in the favor of the tenant without my input.

After I got home I see my Tenant left a letter (presumably with the motion for more time) with no stamp at the main door to my apartment building (12 Units). I am pretty sure this does not count as service and do not know if I even have to pick it up.

Any thoughts on that?

Mike

This is not for a non-payment of rent but termination of the month-to-month tenancy. The reason is 'no-cause'.

I just heard from my ex-lawyer that my tenant tried to serve him personally with documents. I found out that my tenant filed a motion for more time. What I am unclear about is if I still able to motion for execution while my tenant has this outher motion out there. Also since my ex-lawyer did not except these documents I am not sure how that all works. Looks like I need to get a lawyer ASAP, will probaly call one this afternoon.

Mike

Right now I am on the 9th day of the 10 day period for my tenant to appeal, so I have not picked up the execution. I hope my tenant is lazy and does not file, but I am anticipating he will. So hopefully I will pick up the execution first thing next week.

Do you know how long this 'preliminary injunction takes'? Does this happen shortly after my tenant would file for it? I did some reading and it was talking about 3 days for something and 6 days for something else but I do really understand the process.

Mike

Well the contract I signed with him has a "clause" that says the 'appeal process' will be another fee and a new agreement. I know I signed this document so it is my fault for not reading ever word but he never mentioned that to be in the begining of the process (seems like that would have been important to mention). Yes to date I have paid the attorney around $2200 + filing fees and service fees. Regardless I will be using a different attorney for the appeal.

Thanks for the PM @Ann Bellamy I will look into those attorneys. I am pretty certain I am dealing with a professional tenant. unfortunately due to the appeals process it appears there are parts of the process that do not even have timeframes (outrageous) and I read one part of the process has a 130 day response (nonsense).

Mike

Hello everyone.

I am in the middle of what I thought was the end of my eviction process (roughly 4 months to date). I received in the mail a judgment from the Worcester, MA Housing Court giving me (the landlord) possession of the property. However, my tenant is appealing this decision and from what I can find online about this I think it is like a 6 month process or longer. Which is simply ridiculous.

My question here is can someone point me to a website that is actually useful about explaining the appeals process (I have yet to find one) in detail or can someone explain it to me.

Thanks in advance.

Mike

P.S. after I informed my attorney about the appeal he said he would no longer be helping me, so I am also looking for another attorney for the appeals process.

Jon Holdman Annette Hibbler The place looks the same, but I did not get ANY notice from Tenant #1 and I do not have a forwarding address or a working phone number, so for now I will keep his security deposit in the bank.

As far as Tenant #2 is concerned I plan on treating him like a prospective tenant as suggested and complete a rental application with fee. upon satisfactory completion and background screening I will offer a new lease with first month's rent and secuirty deposit.

Prashant P. I do not have an abandonment clause in the lease I took over from the previous tenant but will be including a clause in my new lease.

Mike

I have an interesting question, I am not really sure it is a problem but I do want to make sure I am properly documenting this unique situation. It may help to ask this question to an attorney in my area.

I took ownership of the property on 6/17/13, last week. During that time I had Tenant #1 living there, since then I have come to find out that Tenant #2 had moved in with his belongings, furniture and all. Tenant #1 took his belongings (minimal) and has left the area/State. Tenant #2 has paid me rent for June 13' when I met him yesterday and is willing to sign a lease and pay me on July 1st for July rent.

Even though this was not the proper way to handle this on their end, I don't know that Tenant #2 would be a bad tenant, unusal maybe.

PLAN
My question is what do I do about the secuirty depoist from Tenant #1? Since he bailed do I keep that? I will be issuing a letter to Tenant #1 at the last known address stating that his lease (month to month) is terminated.

I will have Tenant #2 fill out a rental application and I will proceed to run a background check and contact previous landlords. Depending on what happens with Tenant #1 security deposit I may have to require Tenant #2 provide me a secuirty deposit.

Any help on how to move forward with this unique situation is greatly appreciated.

Mike