All Forum Posts by: Douglas Snook

@Linda Roberts sorry for the delay in getting back to you. I do have some experience with cash for key but not during COVID. How I have structured it is that the "cash" is actually paid to the new landlord (as they want first, last security) and the moving company. The tenant presents a signed lease for the new place. This way the tenant doesn't get any actual money in hand, or maybe a small amount

Yes especially with COVID. The timing of the notice could be such that it was not allowed. I lost a case recently where the landlord gave the notice back in July where the moratorium covered everything and the judge threw the case out. It can also depend on where the property is located. Some cities have their own ban about evictions in place.

More info is needed, like are there written leases? Did they ever respond to your termination of the lease? Was it even terminated properly.

I would check out Shur Law Group. She concentrates in representing landlords 617-959-1499

Are any of these tenants on a lease? If so you can't raise the rent until the lease ends. Are you taking over any security deposits? Last months rent? Be sure that is all accounted at the closing!

You got all of this information in writing signed by the seller and the tenants already, right??

Assuming the tenants are month to month with no written lease, you may want to get them on a written lease (even if it is still month to month) so you have something written and you know exactly who lives there and is responsible for what (heat electric etc) also you can forbid smoking (of any kind) and forbid pets, assign parking (if there is any)

Assuming no written lease or MTM agreement, what you do is send them a notice you are terminating the tenancy (if you send it out in March it will end it at the end of April) Then you say if they would like to renew the tenancy they need to fill out an application and sign a new lease (even if month to month) and this is what the new rent will be and raise it on both at least to $900 on the 2 bedroom and maybe $50 on the one bedroom). You can also request a security deposit if you are not holding one (if you want to, you may not want to get into that mess at this time)

Definitely change the locks.

I assume you will want to rent out the other one bedroom? Are you going to do any renovations to the unit before you rent it out?

However, you may want to wait a couple of months, get to know the tenants a little bit, see if they pay on time etc. It might be worth it to keep the rents a little below market and not have a constant turn over.

How did you come into the property? If you bought it then I would say its abandoned and do what you want with it. Are you going to flip it or hold it? If holding it, maybe you could box stuff up in the basement for a while (although if the people found out it is still in the basement that might be a temptation to break in)

If you inherited the property or bought it at a foreclosure then that would be a different story.

What is the title company saying exactly? Are you just getting a list to what they found on title? Are you then wondering how it affects title and/or how to fix it?

Here in MA I order a title exam and am provided with copies of the deeds in the chain of title, the mortgages etc and a cover sheet with notes by the examiner like "Discharge at Bk 1234 Pg 10 appears to have wrong party", then I look at the copies and have to decide if it is really an issue and if so how it can be fixed going forward in order to close.

Maybe you need to order a different type of report. Maybe see if there is a freelance paralegal around who can interpret or explain the report for you. (check craigslist under legal)

What type of report did you run on your house? Did you have someone else do it? Again, in MA the registries are on line and everything would come up. Sounds like the report is only giving you current open matters.

As for the solar panels, sometimes they are filed as a UCC and not necessarily at the registry of deeds. Perhaps the person who ran the report didn't check the UCC listings

Hope this helps

Xochitl I think your post above sums it up it. NEVER "pay" a tenant to do maintenance! If you want to reduce the rent because he has been a good tenant in the past and has a rough patch now, fine.

If he damaged the apartment, you have 30 days to send him an accounting and refund the difference, so take the damage that was beyond normal wear and tear and send him the rest. Forget about the rent difference and caulk it up to a learning experience and don't let it happen again.

You are in Mass. You can bring the eviction as you normally would (pre-Covid) and then take your chances on what the court will do. If the previous owner does not appear at the hearing, since this is not a non-payment of rent case, you may or may not get a default judgment and Execution as before. Most likely the court will kick it down the road to "Tier II" for a trial, if they don't show for that, since it is not a non-payment of rent case, you could get the Execution at that point.

Hopefully they show up for the hearing and you work something out with a vacate date. If that were to be the case and they did not vacate then I think the court would issue the Execution and let you move them out since it is not a non-payment of rent case.

The CDC order is supposed to only apply in non-payment of rent cases. I believe a former owner is treated like a holder over tenant.

You could also give a quick call the housing court that would cover the property to see what they say.

I would start at city hall to be sure it is two lots. If they tax it as two lots then they should have the approximate size listed. You would also want to check to see if it can be divided off (if you are thinking of selling it off) or what you could build on it, if you wanted to build and then sell.

Can also check the deed.

If you are buying with tenants, be sure to get as much info about the tenancy as possible by way of a Statement of Compliance where by the seller and tenant state under oath that this is what the rent is, these are the deposits (if any - security, last months) there is or is not a written lease, tenant is or is not behind on rent, who pays the utilities etc etc You want to see the rent rolls. Put all of this must be given and meet your approval in the addendum to the P & S.