All Forum Posts by: Douglas Snook

You should not have to register the LLC with Mass as long as you are not doing business here in Mass. That would include owning real estate in Mass. If you did end up doing business in MA then you register the LLC as a foreign LLC. There is a fee for that and then a yearly fee to stay current.

I am not sure how this would effect your taxes here in Mass. I am sure you would have to report any income you received from the out of state LLC as part of your personal taxes here in Mass (probably as some kind of disbursement. Not necessarily the income of the LLC itself

You would probably have to register the WY LLC in any state you did business in. Just like a lot of corporations are incorporated in Delaware.

It would be a lien against the real estate here in MA (I would think). Yes you would get notice of it, if it pre judgement (when the suit is first filed). The court would mark it for a hearing date before the judge as the judge would have to approve this type of attachment. The second type of judgment would be after the court case, if he won any money, he could have that judgment recorded at the registry as a lien against the property. Of course if you pay him the money, he would have to remove the lien.

This is just a general over view of the process.

Just a note about filing a "lien" here in MA. Generally he would have to sue you first and ask the court to put a lien on the property. You would get notice of this and have an opportunity to oppose the lien. The court may or may not grant it prejudgment. Then you would have a court case about what if anything you may owe him. If a court determined you owe him anything, you have the opportunity to pay the judgement which would remove the lien. If he did not get a pre-judgment lien and the court determined you owe him money, then he could record that judgment and get a lien that way.

Be VERY careful here in MA! Since you have indicated it is a condo, there is probably a separate meter for the electricity and maybe the heat so those can be in the tenants name. Water and sewer should be in the name of the condo, depending on the set up. If not, they are always in the name of the owner.

You must have a written lease that details what utilities the tenant is paying for. I do not believe you can have it in landlord names and then bill tenant on top of the rent (there may be an exception about the water/sewer if it is a single family home )

Feel free to reach out directly to me if you like. Happy to talk and see if I can help. I am in Attleboro MA

How long have they been there? So you have a "Termination" agreement for the end of August? Not too much you can do until then. If they don't move by the end of August then you need to file an eviction action with the court.

You should be able to evict them asap if there is criminal activity at the unit. Have the police been called?

You indicated you spoke to an attorney. What else did that attorney tell you about evicting them? You can evict for non-payment of their share of the rent. You have to be sure to give Section 8 (or whatever program they are on) notice as well. You may want to proceed with terminating their tenancy instead. If you serve them notice of non-payment, they can always cure and that would end the eviction.

No matter which way you proceed, you need to start ASAP as it will take some time to get a mediation date and then an actual court date

I would not do it period. You have a no pet policy and they knew that when they moved in. End of story.

You live there with them. Do you want a dog barking all the time? Do you want to see dog mess when you go out to your yard?

If you are going to do, do a new lease and raise the rent (as you know you can't charge a pet fee etc) State in the addendum that only one dog is allowed and they are responsible for picking up after it, keep it from barking etc. If it bothers the other tenants (even if its just you) or they don't pick up after it, permission is REVOKED to have the dog. If they then don't get rid of it you can evict them for cause - a violation of the lease.

If you say NO, watch out that they don't come back and say now its a support doig and you have to allow it!

Good Luck! Keep the videos coming on youtube.