All Forum Posts by: Douglas Snook

The dish washer sounded like it was at or near the end of its life anyway. I don't know if I would bother trying to charge her for that. Perhaps its time to up grade the entire kitchen.

As for the washing machine, I would simply say to the next tenant, there is a hook up. The previous tenant left a machine, you are free to use it but it is not landlord supplied and if anything happens, its on you the tenant. You already have a machine? Great, I'll put this one in storage (or sell it).

The same about the locks. Who knows how many keys are out there now and wouldn't you change them as a matter of course when a tenant leaves? This one I might take from the deposit, depends on how much if it is really worth it.

(This is all coming from a VERY tenant friendly state - Massachusetts)

Just my two cents.

While it does sound more like he wanted to break the lease, mold can be a tricky problem. Obviously it was there are he sent you pictures and you say now that he left, you have remediated. Be sure to save every text or other communication with him and the remediation was done properly (and whatever caused it has been taken care of as well). Not just you throwing bleach on it and painting over it.

In general it sounds like you were notified of the issue, attempted to correct the problem but were unable to due to the tenants non response. If this was all done within a reasonable time, you should be ok. If you hear from him again or an attorney, be sure to respond immediately by your own attorney if necessary.

Not sure what the laws are in your state, but you want to do whatever you need to to confirm the tenancy has ended (whether that is by abandonment on his part or with proper notification to end a month to month)

You are in Massachusetts and it must be done very specifically. You need to terminate the tenancy with proper notice. Minimum 30 days, so if you served them notice today, the tenancy would terminate at the end of March. 

Expect them to freak out and not be able to find another place etc etc so be prepared to move forward with the eviction in court. If they are elderly or disabled the court can grant them up to a year to remain in place (they do have to pay use and occupancy during that time). Even if they are not elderly or disabled, the court can grant them some time to move (or actually you can grant it as part of the court agreement)

Everyone is having a hard time trying to find something affordable.

Bottom line, give the proper WRITTEN notice asap to get the ball rolling.

Worst case is hard to predict of course but I guess you end up losing the place or paying them a lot of money as in cash for keys.

How would you handle maintenance? How would you handle tenant screening? You may want to think about working with a realtor or a really good attorney to make sure you are set up correctly to start off in the best possible situation. Is the house deleaded?

Letting it sit vacant has its disadvantages as well. You still have to pay taxes and up keep/maintenance etc.

Yes it can take several months to evict. If the lease is ending be sure you have given the proper notice of non-renewal of the lease. If not, the lease might renewal for another term (usually a year) or it may go to a month to month tenancy. You need to know what your lease says.

You would be bringing a no fault eviction. Once you have them served and file the papers with the court, the court will assign a First Tier Hearing - basically a mediation session where hopefully you are able to work out a move out date certain (with the tenant paying use and occupancy). Then if at the end of whatever time you have agreed upon, if the tenant still has not left, you can get the Execution to move them out.

There are programs out there that may assist the low income tenant with first last and security as well as some moving expenses at a new apartment.

Sorry to be a little late to the party, but I am not clear on what exactly you want to do.

Do you want to separate the first floor from the basement and then use the basement for a crash pad for when you visit?

Or are you looking to live in the first floor and basement but then rent out some of the rooms?

If the basement is not a permitted space you are asking for trouble renting it out (or subleasing it with the first floor) I personally would perhaps think about moving your elderly parents into the first floor so that it is easier for them instead of going up stairs all the time. That way since there is a connection to the basement there is not issue with you crashing down there.

If you don't want to do something like that, I would cut the basement off from the first floor and just rent the first floor, leaving you the basement to crash in when you want.

Or see about getting the basement made into it's own separate unit now that ADU are allowed in Mass (although the law may not kick in until the new year)

Also your town may now require a certificate of occupancy to be issued before you can rent it out and they may have something to say about this basement connection anyway.

Just my two cents as they say.

As others have said, start the eviction process NOW.

Deeds for Worcester County are on line so you can do some research there. Also visit the City/Town Hall website for tax collector and assessor. There should be a property card. That will give you the zoning code and other info (especially important if it is a multi family). If possible visit the property before hand to check out the lay of the land as it were. Compare what you see to the deed etc - there could be a shared driveway or some other easement.

Also if the building is occupied you will be dealing with an eviction as well so you will have to factor that into your costs/bid. In MA the former owner can bring a defense of a defective foreclosure to any eviction. This will drag out the process to get possession.

You are in Massachusetts! Be very careful. You need to give proper notice by ending the current tenancy and then offering a new one at the new, higher term. I do not believe texting is going to cut it in this state. Although not required I always have these notices served by the constable.

If there is no response either way and they stay beyond the end of the tenancy and don't pay then you will need to evict. 

If you just lost $20,000 on a previous evection, I would talk to that attorney to be sure you are handling this one correct for Mass. 

If these are inherited tenants and the old landlord lease is in place, you may not be able to raise the rent until the lease expires. You would still have to send a notice of non-renewal

Hello, I can help you. I am an attorney with 30 years experience. I have several ongoing evictions. Feel free to call my office or email me

508-819-2395 or [email protected] and we can set up a time to review everything. Thank you.