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All Forum Posts by: Douglas Snook

Douglas Snook has started 4 posts and replied 399 times.

Post: HELP-Challenging Foreclosure Validity Court Process Best Strategy

Douglas SnookPosted
  • Attorney
  • Attleboro, MA
  • Posts 405
  • Votes 160

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.

Post: New landlord here! Need some advice

Douglas SnookPosted
  • Attorney
  • Attleboro, MA
  • Posts 405
  • Votes 160

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?

Post: Need Help with 30-Day notice c

Douglas SnookPosted
  • Attorney
  • Attleboro, MA
  • Posts 405
  • Votes 160

@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. 

Post: Need Help with 30-Day notice c

Douglas SnookPosted
  • Attorney
  • Attleboro, MA
  • Posts 405
  • Votes 160

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

Post: How To Get Rid Of A Tenant (without Evicting)?

Douglas SnookPosted
  • Attorney
  • Attleboro, MA
  • Posts 405
  • Votes 160

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.

Post: Eviction in Massachusetts?

Douglas SnookPosted
  • Attorney
  • Attleboro, MA
  • Posts 405
  • Votes 160

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.

Post: Anyone who is a loan signing agent in Massachusetts?

Douglas SnookPosted
  • Attorney
  • Attleboro, MA
  • Posts 405
  • Votes 160

Are you thinking of moving to MA? I don;t think you can become a notary in MA without being a resident.

As far as I know the witness closing companies require you to be a notary AND an attorney to do a closing in MA.

Post: Inherited Tenant Massachusetts

Douglas SnookPosted
  • Attorney
  • Attleboro, MA
  • Posts 405
  • Votes 160

What does that mean "there were no leases as the original tenants weren't the same people that are living there today"? any time the tenants changed there should have been a new written lease. Also the Seller SAYING there are no security deposits and no last months rent doesn't make it so. It should have been in writing signed by both landlord and tenant.

Just saying. Good luck

Post: Inherited Tenant Massachusetts

Douglas SnookPosted
  • Attorney
  • Attleboro, MA
  • Posts 405
  • Votes 160

The attorney that gave you the advise about serving them in person, does he/she do evictions? You need to find an attorney to evict them. They tell you they don't need the money (so no cash for keys) yet they claim protection under the CDC moratorium? Something isn't right there. If you get them into court for an eviction, even if they still need more time at least it can be worked out and an end date set in court. They just keep pushing it down the road otherwise.

Also as to the first floor, I hope you got a new rental application from them so you know who is there and also signed them to a new lease (even it is month to month) to show the new rent.

The person who sold you the building did n't do what they were supposed to. You may be able to back after them for your costs in straightening this out.

Did you get any letters of indemnification from that seller and tenants that stated if there was a security deposit, last months rent, who was in the apartment etc etc?

Post: Notice to Quit template for Massachusetts

Douglas SnookPosted
  • Attorney
  • Attleboro, MA
  • Posts 405
  • Votes 160

Hopefully the lease is NOT up at the end of March! Depending on what your lease says, it may have automatically renewed for another year. If it does not automatically renew but converts to a month to month, you need to give a 30 day notice. If you served this by the end of March, they have until the end of April to leave before you can start an eviction.