All Forum Posts by: Vikas Ahuja

Hi there, 

Looking for any recommendations for an attorney to represent us for a tenant eviction in Worcester, MA. Thanks in advance, 

Vikas

Thanks @Lance Lvovsky. Yes, it was an attorney who proposed this. What you mentioned about K-1 is also correct and this is actually what I am trying to figure out - are you saying that we both will have to file K-1 for all 3 trusts, and then a separate one for LLC? if so, this is exactly what I am trying to avoid.

Vikas

Hi there, my business partner and I have 3 multi families in Massachusetts. For liability purposes, we were suggested that we create individual trusts for all of them (3 in total) and make our LLC as the beneficiary. Since all these 4 entities will have a tax id associated to them, I am trying to figure out if we will need to file taxes for the 3 trusts, or just the LLC.

I understand that I'll probably need an accountant for this but if there is any guidance I can get here, it will be very helpful. 

Thanks in advance, 

Vikas

The percentage depends on what kind of work they will be doing. I have companies charging 4% of the rent but all they do is basically collect the rents and take phone calls. They wouldn't serve a notice if the payment is late without charging you for it. Any maintenance would obviously be extra too. Having said that, I myself am looking for property management company in worcester area. If you found anyone, please let me know. 

thanks. Vikas

Just closing loop on this - as suggested by @Deanna McCormick, I talked to tenants social worker. She gave me some background on her past problems and helped me setup a 3 way meeting with her (which was really important as I didn't want a 1-1 meeting with her. I wanted a third party listening on the conversation as a proof). She agreed on paying the rent as soon as she came back and also for the damages to the property. I didn't ask her to pay for cleaning up some of the mess that she had made but overall things went well. She was back to her apartment last week and paid her rent as soon as she came back.  For now, things are going well, so I am considering this as settled. 

thanks to everyone on this forum who helped me navigate through this abnormal scneario. 

Vikas

Thanks @Michele Fischer. I have her emergency contact information but that person is not responding. I just looked through the lease, and her roommates are actually listed in there as additional occupants, so can't pursue that option.  I'll most likely proceed with the 14 day notice for non payment of rent and take it from there. I think it's going to be challenging anyways as she has a very strong argument of her being in hospital and therefore unable to pay the rent. MA, in general, is very tenant friendly. 

@Michael Cooper - She is actually late on her rent - as per the lease, it's due on the 1st. I can use that to server the 14 day notice, but she can still come back at me stating she was in hospital and was therefore wasn't able to respond to the notice or pay the rent. 

Just to be clear, I am not planning on using whatever transpired 2 weeks ago as the reason for the notice. I agree with you that she can come back with a hard luck story. 

@Deanna McCormick - I unfortunately haven't been able to get the hospital name. The contact listed as the emergency contact (ex-husband) is not answering his phone either. I'll try to find contact info for her social worker but am not very hopeful. 

Thanks for your responses @Michael Cooper, @Deanna McCormick and @Thomas S. Since the tenants' roommates are not on lease, I am considering getting a letter from them stating they have been living on the premises in question. If I have that letter, can I use that as the grounds for lease breakage and serve the notice to quit on that premise? 

Vikas

Hello everyone, 

I ran into a unusual problem and want some advice. The property in question is in MA. The tenant in question is on a month-to-month lease.

One of my tenants had an episode couple of weeks ago during which she damaged the property, started throwing her stuff out in the yard, and apart from other things, was found sitting naked in the apartment (along with her 2 kids who were also naked). We ended up calling the police who eventually called EMS, and after much struggle, she was transported to a mental institution (they had to sedate her). The children are in Child welfare services custody. This tenant is the only one on the lease, although she has 2 roommates who have been paying significant portion of the rent to her (I inherited this when I bought the property 9 months ago). 

Now that she is in a hospital (and police wouldn't provide any additional details), we don't have any way to contact her, and I am obviously losing rent. I am looking for suggestions on what to do for next steps. I can send her a notice to quit for non-payment of rent but since she is not going to be able to see the notice, I am not sure if this is the best option. If it comes to eviction, a counter-argument can be made by her that she was not in a position to see/respond to the notice. Also, I am not sure what the court would rule in my favor given that she was unable to respond because of medical issues. The roommates are planning on leaving soon, so she wouldn't have money to pay the rent by herself either way once she is back.

Any suggestions on how to tackle this situation outside of consulting legal resources? 

thanks. Vikas