All Forum Posts by: Mariusz Bojarczuk

@Mariusz Bojarczuk

Really simple on this one. 

If he lives in your house (which he does), and has possession of the premises (which he does), and if you have ever collected rent from him (which you have), then he is your resident and that is exactly how the courts will define this relationship. This means that any of your actions moving forward to evict this tenant must be in accord with the statutes under Massachusetts General Law, MGL. You need to know these laws. The courts have made this clear. Not knowing the law is no excuse for not following the law. Welcome to Massachusetts.

Your no-fault notice to quit better have happened before your both started speed-dialing 911 because the tenant is right. If you have filed to evict him AFTER there are documented calls to the police, then they do have a retaliation case against you. This means they can appeal to the courts and easily get up to 6-months free. It also means that you may not take any eviction actions towards them for the next six months. No increases, no "hey can you pay some of the utilities", nothing. If you push this issue, they could further file a TRO (Temporary Restraining Order) and actually ban you from interfering with the implied warranty of habitability and their peaceful quiet enjoyment of the premises. Watch the movie "Pacific Heights" with Michael Keaton. Yup, this could be you.

Now for the bad news. You do not have a written agreement. 

DO NOT CHARGE him for utilities!!! Under Massachusetts State Sanitary Code charging someone utilities WITHOUT a WRITTEN rental agreement is illegal. If he has not been paying your utilities while he has been your tenant, he does not have to agree to do it now. Especially, if there is no written agreement, you cannot even charge for utilities. I have seen several cases where the landlord actually had to pay the tenant for a prorated portion of the utilities from the date they moved in. For a light read on where this all went wrong check out our BLOG post The “Landlord” Lone Ranger.

Some other useful BLOG reads are Landlord Tips: 8 State Sanitary Codes Landlords Need To Know For Managing Rental Properties and for a list of the Massachusetts Legal Landmines, please read Is Your Residential Property Manager Well Trained?

Mind you, I am not plugging our property management company for your business here. We write these articles to HELP landlords just like you to navigate the rental business through choppy water without getting blown out of your boat. I know, none of this, was good news. But better to hear it now before stepping square onto a legal landmine.

What to do?

First, just relax. Getting worked up, worrying about things you cannot change, and saying something bad is only going to fan some flame to spread and make things worse. If possible, try to politely communicate to defuse the current situation showing dignity and respect (if you both are calling the cops, it may be too late). No "self-help evictions" here. There was a reason you rented to this person in the first place, try to stay in that "happy place" until this all blows over.

And finally...

NEVER, NEVER, EVER, NEVER rent to someone again WITHOUT a written rental agreement that clearly defines the roles and responsibilities of each party in the rental transaction. EVER, NEVER, NOT NEVER!!!!

Here are a few Massachusetts Attorneys I highly recommend when the courts finally do re-open. I have worked with both of them and they do great work.

Mark Burrell, Esq. (Tenant/Landlord Specialist)
Inessa Shur, Esq. (Tenant/Landlord Specialist)
(cannot post contact info in a reply on the forums, sorry)

@Lien Vuong
@Douglas Snook

I absolutely agree with Doug and Lien. Any payments you accept moving forward must be documented and written on the front and back of the check as "for use and occupancy only". Sounds like a tough spot right now, but you will get through this. Inessa can help you with a written lease. She's great. Mark is great in court too.

Best of luck in getting through this.

@Mariusz Bojarczuk

Illegal advice here, but if I had someone in my personal living space that needed to be gone I wouldn’t be waiting for the courts.

@Mariusz Bojarczuk you need to speak to an attorney asap. In most states, an owner has a lot more rights than a landlord normally would. All of your questions though are so specific that you can't get answers in a forum like this. 

 Mariusz,

Why do you trust your manager?

If he is part of the same organization that sold you these "turnkey" occupied houses that immediately became vacant, immediately incurred turnover costs ($4000!!!!!) and immediately require repairs and CAPExpenditures (HVAC repair,) you should not trust your manager.

In fact, I would be very hesitant to do more business with this organization.  At the very least, wait a few months.  See if the current investments stabilize in regards to vacancy and extra costs.

Section 8 can be a good source of income, provided it is overseen correctly by the owner/landlord.  On the other hand, Section 8 can be a nightmare if the owner/landlord/PM views it as an easy way to overcome a vacancy but doesn't perform any oversight.  So far, I have seen no indication that the company you are working with is diligent enough or cares enough about YOUR BEST INTERESTS to do what it takes to utilize Section 8 properly.

Not to try to frighten you Mariusz, but if I was in your situation, I would be very afraid.  Start saving for a rainy day -- I think a storm is coming.  Instead of a "streak of bad luck," I think you have encountered an unscrupulous turnkey/PM operator.  If that is the case, your streak of bad luck will never end until you stop doing business with them.

Question: Are these two rentals close to you or are they far away?

Good luck.

 $4,000 for painting and cleaning?   Taj Majal?  10,000 sq feeter?

I hope you wont paint for another 10 years.  Otherwise is pound foolish , or whatever they say.   Section 8 kids will draw on the walls the moment they move in.  Who knows what the adults will do........

From the link you provided - just at first glance, I see a price and a few pictures.  Pictures literally mean everything.  When I go to your link, the pictures are what I will see first ever before I come and book a viewing.

You need professional, well lit, wide-pan pictures to really show off the place. Who is your photographer? You are showing a corner of the bedroom, not the whole bedroom. Only part of the kitchen?  It almost feels like you aren't serious about selling or renting it!

IF the property management company took those pictures, fire them, find another, either take your own professional pictures and send it to them to USE or make sure they utilize good ones.  Its a pretty house, standard interior though. Besides that, I'd recommend thinking of your market.  In Lubbock, Texas where I live... its all students and older folks.  Not a ton of middle class families like in Houston, Texas.   So if you are the latter - what appeals to a nice family versus some college students?

From the link you provided - just at first glance, I see a price and a few pictures.  Pictures literally mean everything.  When I go to your link, the pictures are what I will see first ever before I come and book a viewing.

You need professional, well lit, wide-pan pictures to really show off the place. Who is your photographer? You are showing a corner of the bedroom, not the whole bedroom. Only part of the kitchen?  It almost feels like you aren't serious about selling or renting it!

IF the property management company took those pictures, fire them, find another, either take your own professional pictures and send it to them to USE or make sure they utilize good ones.  Its a pretty house, standard interior though. Besides that, I'd recommend thinking of your market.  In Lubbock, Texas where I live... its all students and older folks.  Not a ton of middle class families like in Houston, Texas.   So if you are the latter - what appeals to a nice family versus some college students?