All Forum Posts by: Douglas Snook

Collection work is best left to a professional, most likely an attorney. There are a lot of regulations (Fair Debt Collection Practices Act anyone) and court rules that you would be expected to follow as a pro se (why spend your time trying to figure out how to attach someones wages when an attorney already knows how). Unless the property management company has a collection attorney on staff, they are not really equipped to handle the matter. You can ask them what they recommend you do to collect or if they know an attorney who would do the collection 

I would look for a local collection attorney rather then a collection agency. If the agency can't make any headway they usually end up passing it over to an attorney. Mind as well go right for the attorney.

It may depend on the state and what the deeds said and what went on in probate.

Deed first. If he owned it joint with his wife, then upon death it goes to her and she could sell it to you. Should not matter what the will says. If it was in the deceased name only, then the will controls. It goes through probate. As executrix she has to do what the will says. So it looks like it is left to her and the kids. She can sell you her interest no problem. If they kids don't want it then there is a choice. They can "disclaim" their inheritance or simply agree to the sale of the real estate and take the cash instead. This election should be filed in the probate case. Sometimes the probate court requires a "license to sell" the real estate as well (again, very state specific)

You need to find a real estate attorney as you need to clear your title. This may involve going back to the wife and kids and getting them to sign off on whats already done or it might mean going to court to "quiet title" to prove you own it. You will want to do this so you can refinance or sell as it will keep coming up and you want to do this all now while it is fresh in everyone's minds etc.

That's just a general overview.

I would look at it like, what would first, last and security be on a new place plus maybe the cost of the mover. It can add up quick.

Also I wouldn't offer it to them directly if you can help it. Offer to pay the new landlord/movers instead

Yes they should have been upfront with you that they were looking to buy a house. Perhaps you would have agreed to a month to month situation with 30 or 60 days when they finally close. But they weren't up front with you.

Who knows when they will actually leave. The closing on their house could be delayed well beyond the 45 days. What if you advertised now and found someone to move in in 45 or 60 days and their closing got delayed, then what.

I think you need to have a talk with them (or your attorney). Explain they will be responsible for rent until you have found another qualified tenant which you can't even do until they have definitely moved out. You do have a duty to mitigate but you don't have to take the first person either.

Let's look at it this way. What if they just stopped paying rent one month. What would you do? Send them a 14 day notice to pay or vacate. Sooo they vacate. Now what? The lease is broken and you are out a months rent. Yes you could sue them but here's the thing, since the rent doesn't become due until the first of each month so you either have to sue them the first of each month or wait until the lease ends and them sue for the balance. Then the court is going to say you had a duty to mitigate by renting the apartment but you did not. Of course your argument is going to be that you had a contract with them etc. Because you could have searched for another tenant but did not the court isn't going to be too happy with you.

The short answer is there isn't much you can do but try to mitigate by finding another tenant but you can't really do that until they have really left, which, despite them saying 45 days, is not 100%. They will be responsible for the rent until you find someone else. You may have to sue them separately for a month or two of rent. Depending on how much that is, it may or may not be worth it.

You say that your attorney is getting paid. What does the attorney have to say about this? Are they representing YOU or the bank against the former owner? Did you get title insurance when you purchased the property? If so did you reach out to them?

It's not clear if you started an eviction or not. If you did and it is open or on hold, you should talk to your attorney about possibly making a motion in the eviction case for the occupant to pay "use and occupancy". 

Part of the problem is that you bought it just as COVID hit and the rules were altered "temporarily" until I think April 2022 at least.

Lien Vuong is correct. If they are month to month then you simply send them a notice that you are terminating their current tenancy and offering a new one the new rent. Although not required, I would use a constable or sheriff to serve the notice.

Also, if you offer them a new tenancy at a new rate, you can also require new terms, like no pets, no smoking etc. You can also require them to fill out an application and see if the qualify for the apartment, just like you would do if you had a vacancy anyway. It can still be month to month, but now it will be written out, you will know exactly who is there, where they work etc etc.

Nearly doubling their rent to market is a bit much but if you went to say $1000 now it would be difficult to go to market in 3 or 6 months.

What shape are the apartments in? Did you plan on renovating? You might want to terminate the tenancy completely. In that case, although not required, I would give them more then the 30 days notice, say the end of January. Hopefully that gives them time to seek another apartment and save up the money to move. If you served them today to be out the end of November and then they didn't move and you are in court in December, they will ask for more time anyway (which the court would be inclined to give them some) and it will be January of February anyway. Also I would probably only do one apartment at a time but raise the rent some what on the other.

You have to decide how you want to proceed. What was your plan for these tenants when you bought the building to begin with?

@Eddie Fleckenstein Thanks for the additional info. You could be in for a bit of a fight if she doesn't leave on her own but that's just how it always is.

Not knowing the additional names could be an issue down the road but what can you do.

When you purchased the place did you have the seller/landlord give you letters of indemnification signed by landlord and tenant? Did he transfer any security deposits and last months rent (or sign off that there are none) That all could come into play if it gets to court.

Did you send letters to the tenants stating you are now the owner and rent should be paid to you etc? How do you know she didn't meet the application requirements? Did you give her an application to complete and then declined it? If you gave her an application you should have asked for everyone living in the apartment etc.

Perhaps what you should have done is given BOTH tenants notice of new ownership, advised their leases are expiring 8/31 and in order to possibly renew they would have to complete a new application and meet the new criteria (which you have written down and applied equally to both tenants) THEN advise her she didn't meet the criteria and therefore lease not being renewed. But it is a little too late for that so you will have to run with what you have.

So once she gets the notice she will be calling you. Be very careful what you say, and make your own notes afterwards. Just keep it simple - the tenancy is not being renewed, please move out by the end of September. If you have already told her she doesn't meet your criteria, don't get into it with her about how or why etc! She may counter that she needs more time to find a place, save up the money etc. DON"T agree to more time up front. If she doesn't move, file the court action. If in court she says she needs more time, then it can be written up as an agreement in court. That way if she doesn't move you can get the Execution rather then starting the court process at that time.

One more thought, since this is Chelsea, there are various programs in place that will help tenants with various costs, including moving costs (and first, last security at a new place) You may get a call from Legal Aid as well that they are helping her. 

A couple of points if you have not sent it out already.

 If they are there under a lease and the lease expires at the end of August and you are not renewing it, depending on what the lease says it may automatically renew OR it may convert to a month to month. Read your lease!

You wanted to give her notice that the lease is not being renewed back in at least July. That would make her a hold over tenant on Sept 1. You could proceed right away with the eviction rather then have to give her a 30 day notice.

So I will assume she is now going to be month to month as of September 1 and that the lease does not renew for another year.

First have the notice served by a Constable or sheriff NOT by mail! I always use a constable or sheriff. Is it required no but it makes it better if she  questions whether or not she got the notice. The Constable will post it on the door if no one answers and mail a copy.

Second, if you know there are other people and you know their names send EACH one a separate notice addressed to them as well. You will name each of them on the eviction case with the court if needed. You don't want her to leave and these others not to or if you have to move her out have them rush into court and say they are not named and therefor they can stay.

If you accept any money be sure you put on the receipt that it is for use and occupancy ONLY and not renewing the lease. This language should also be in the notice that you give her.

Feel free to contact me with any other questions

About the only way would be to terminate the tenancy, in other words send her a 30 day notice that you are not renewing her tenancy (IF she is MTM).

The CDC ban only applies IF she files the form and claims the exemption. (I believe)

Even if you try this route you will not be able to get into court until October when the ban is supposed to end. 

What you want to do is get her to apply to one of the third party agencies like RAFT or CTI as they have plenty of money from the Feds to give out.

Give her a 14 day notice. The file the eviction with the court. Hopefully she will apply to one of the agencies. That way at least you will get paid.

If you don't take some kind of action or start toward some kind of eviction, you run the chance she just will keep ignoring you and not paying you. By starting you will put some pressure on her to either seek help from a third party agency or at least respond.

Get an attorney. It should not cost you $10,000.00, maybe $5000 at most. Have the attorney review EVERYTHING starting with the lease, if any and your notice to quit. The attorney can also advise you about the security deposit issue - if you are in compliance or not and what to do about it.

I don;t know how they already hired Mass Legal Aid. Usually those agencies are free and only get involved once a court case has been filed. You will find it easier to deal with them when it is your lawyer that is actually dealing with their lawyer.

If you gave them proper to vacate you should be able to get them out at some point through the court.