All Forum Posts by: Steve DellaPelle

@Scott M. We're located in MA, right outside of Boston. 

Tenant B allegedly paid rent to Tenant A, but Tenant A didn't pay us anything until we started the eviction process. By the time Tenant A's lease ended, they paid off their balance in full. However, we never directly collected rent from Tenant B yet and they are now occupying the apartment.

The issue was we didn't know they were subletting for months. Tenant A was MIA for a while and we started the eviction process until they finally paid up at the end.

Tenant B hasn't paid any rent yet so I don't believe they are considered tenants just yet, if anything they would be tenants at sufferance.

But you're right, we will likely have to speak to a lawyer at this point.

When I worked in property management and someone wanted to break their lease early, they had 3 options.

1. Find someone to take on the remainder of their lease. (You would terminate with the original tenant and start a new one with your new tenant, all candidates would need your final approval)

2. We had an early termination penalty they could pay. Typically, you'd want an amount equal to at least 1 month's rent but up to you.

3. You force them to pay the remaining rent since they signed a legal contract.

Any questions let me know!

Here is my situation.

October 2020, Tenant A moved in.

Approx. April 2021, Tenant A sublets her apartment ILLEGALLY to Tenant B (no landlord approval, lease clearly states it's illegal to sublet).

No rent is given from Tenant A or Tenant B for months.

September 2021, we find out Tenant A was collecting rent from Tenant B but not giving it to us.

By a miracle, we end up collecting every penny that was owed from Tenant A.

October 2021, Tenant A's lease ends.

Tenant B is still in the apartment.

Shocker, they do NOT have good credit and they have a prior eviction on record.

If we want to get them out in today's difficult COVID-19 landlording world, how can we go about it?

@JD Martin The worst part is, I knew I should've had this barrel removed before the new tenants came in. I told myself it would be fine in the corner until I could take care of it. As time went on, it dropped off my radar and of course only popped back up when there was an accident...smh at me. Live and learn!

Thank you for all of the replies, this was a very useful discussion for me to start.

Before I posted, I was planning on taking care of the neighbor and not bothering the tenants with this mess. Sometimes, it's hard to admit your mistakes and pay for them but here I am!

My 4 years as an owner has provided me with plenty of lessons, this is just another one to add to that list!

Thanks again for all of the insight, this is why BP is the best :)

Hello BP! It’s been a while...

I’ve been a landlord for close to 4 years now and I just ran into a unique situation at my four family property. Here’s the breakdown:

- Tenant in Unit 1 has private access to the property’s backyard.

- The previous tenant was a hoarder and I had to toss a lot of things away in the backyard when they moved out.

- They left a metal barrel that is 1/4 full of oil, I haven’t been able to get rid of this yet so it sits in the corner of the backyard against the fence that borders the neighbors backyard.

- The other day, the new tenants in Unit 1 didn’t like the metal barrel in that spot so they attempted to move it. Upon doing this, they spilled the barrel over and some of the oil seeped through the fence and into the neighbors backyard.

- The neighbors backyard is, unfortunately, turf and is going to require repairs and potentially replacement.

The neighbor contacted me and they are obviously upset with this situation and are asking for me to make the necessary repairs.

I have a landscaper coming out to give a quote but I am wondering if I should be held liable for this or if I should get my tenant involved.

Any and all insight would be helpful. Upon research, turf is expensive and if it needs full replacement this could become costly, quickly.

Thanks and happy Tuesday!

@Loren Clive Of course we are not obligated to accept them but if they decide to apply and they are qualified then you will need a reason outside of "they have section 8" to decline them.

@Blake Bailey Also make sure you are not violating any Fair Housing Laws when deciding to approve/reject an applicant who is with Section 8. In Massachusetts you cannot discriminate based on Source of Income and this certainly includes government programs like Section 8.

@Blake Bailey I have a tenant that has a Section 8 Voucher. The biggest headache that I have seen is the annual inspection that is required. In addition to that, it is the initial set up phase where you have to submit documentation to the tenants Section 8 office. This can be a pain depending on the office but is something to consider!