All Forum Posts by: Douglas Snook

Alon the cost are in the ball park. If you do enough business with the constable and he does enough business with the mover he may not require payment in advance but you will still pay either way.

Option 2 you listed is not an option, there is no such thing in MA. There is something about abandoned apartment but not they way you present it. It is better to pay and be sure it is done right.

It is very complex to answer in an on line forum but will point out a few things.

If you have given him a 30 day notice already then you are ending the tenancy at the end of August (which is August 31, not August 30) It doesn't go 30 days from you serve him but goes to the end of the next rental period. So even if you served him July 1 he would have until the end of August to vacate.

In the mean time I would go to the court that would handle the eviction. You didn't say where the property was. Although the district court can hear it, if there is a Housing Court it can be removed there so it is better to start there anyway. Go to the court and purchase a summons/complaint. Ask the clerk about filing in the correct dates for after September 1 so that on September 1 you can have the sheriff or constable serve the summons/complaint. When you get the service back you will need to take it to court and enter it. Then if no answer, counterclaim or discovery is filed you sow up on the hearing date. If he does not show up you can file for the default judgment and Execution which you get in 10 days. Then you turn that over to the sheriff or constable (and pay them their fee) and they will do the move out. If the tenant show in court you will go to mediation to work it out or get your trial.

Easy right? It can go many different ways, thats just the basic outline.

If you think he has taken off, you can't just ttrash his stuff. Theres a way to deal with that.

Yes you can ask a judge to garnish his wages but that is a separate court action only after you get the judgment for money damages.

I wouold give him at least 24 hour notice before entering the property but you better have a reason.

hope that helps you some what

@Jonathan David interesting observation. There is a story that Joe kennedy (the father of the clan) sold out of the stock market before the crash because his show shine boy was discussing buying and selling stocks and was in the market.

I think some of it will come down to how much debt is on the property and if you could with stand several months of non payment (either because the current tenants stopped paying and you evicted or they just leaft because they couldn't pay because they have no job)

I think it might be harder to with stand it if all you have is single family homes versus a multi unit place.

A week or two after these gurur hit town I see all the bandit signs up so there is a lot of competition thats for sure

How many meters are on the building? Can you get a price from the elctrician to change it to your meter? And maybe what the cost would be to have a third meter for the common area?

Do you have a signed lease? Maybe do an addendum stating that the tenant is paying the common area electric.

@Moshin Mazhar You didn't say where you would be working in Middlesex County. That county stretches from just outside Boston to the New Hamphire border. If you are working in Cambridge thats next to Boston but Tewskbury is close to New Hampshire.

You may want to consider southern New Hampshire

When you say "she included parking in the 3rd floor lease" exactly what do you mean? Does the lease specifically say he can use the driveway for parking? Is there only one parking space for the whole building or is he using more spaces the he should be cause she in cluded it in the lease or there is some kind of verbal agreement?

Assuming the lease says he can use the parking space(s) and the iif the seller is unwilling to deal with the third floor tenant (and unless you have addressed this in the P&S she may not be interesteding in doing anything at this point) then you will have to once you own the property. Send them all notice that you now own it, who you are how to contact you etc. Then I would send the third floor tenant a 30 day notice of terminating the tenancy. You can offer a new tenancy at YOUR terms - your rent rate AND that it will no longer include parking (or only one spot or whatever the situation is) If that is unaccceptable to them then there is no new tenancy and they need to be out at the end of the notice period. If they do not agree and do not move then you will have to go to court to evict them

@Andrew B. is correct, the law will set the terms if nothing is written.  Why does she not have a written lease???

This is a straight forward non-payment issue. Written lease or not she gets a 14 day Notice to Quit for Non-Payment. Check with your local Housing Court, they may have a prepared form for you to use. If she does not pay at the end of the 14 days you move on to the next step and have her served with a Summons (that you can get from the court and they will help you fill in the dates) and then you file it with the court. If she pays anytime up to the court date then that ends the eviction.

@Charlie MacPherson is correct as are some of the others. No self help in MA. If your notice of non-renewal is done correctly you would need to start the evictioon process June 1. depending on the court you should have a hearing in June. 

Feel free to contact me if you have any questions

@Ron S. is right. Tread carefully. Go with an attorney. It may simply come down to cash for keys without a court case or you may need to start the court case to get to the cash for keeys - to keep the pressure on them to go.

I have done several of these here in MA and they have gone different ways. In MA you can challenge the foreclosure in the eviction case which slows things down.

are you working with an attorney to buy it through the court with the petiton to partion? you might be able to get a move out date through the court that way. If not you are left with cash for keys (so be sure to figure that into what you are paying) and /or eviction.

As for an eviction, yes you can get them out it will probably just come down to time and money. If this guy is elderly and/or disabled the court could give him up to a year to move (and maybe even make him pay you "use and occupaancy" while there) also if there are kids still in school they might get to stay until the end of the school year.

You want a good eviction attorney on your side who knows how to fight for you.