All Forum Posts by: Douglas Snook

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.

You really need to speak with a real estate attorney in your area so you understand exactly what is going on and why and how it may all play out and impact your plans to purchase it. All real estate and real estate laws are local.

In general the tax title from the town should have wiped everything out. There is a certain procedure the town follows (by law) If they missed something then the town improperly took title. It should be up to the town to fix it and or refund your friend his money while they go back and do it correctly. But again depends on your state laws.

In the meantime I would still be out there looking for deals. Don't get your heart set on this one too much as it may never happen and you could be missing out on an even better one.

Good luck either way

I am an attorney in MA and also a title agent for title insurance. Work with rehabbers and flippers. Feel free to reach to me if you want. Familiar with Brockton

What Nathan G. said 100%. Get that Estoppel Certificate before hand. Especially if you are counting on the rent money to pay the mortgage you need to know what is going on with the payments.

The best way for the unnamed "tenant" is to find an attorney that is familiar with the local housing court in Western MA. Used to be able to list it as "Jane Doe" as the case may be but the courts no longer like that. You may need to bring a separate action or combine it with the named tenant. When the tenant comes into court, ask them under oath the name of the other "occupant" and move to have them added.

That's why you want an attorney familiar with the local housing court.

An attorney familiar with the landlord 's side can review your lease and let you know the best way to proceed.

One more quick comment - You seem to indicate that the one that has missed rent payments is also there under a lease that expires December 31 (as opposed to the other that is TAW) I would ask for a copy of that lease - there could be a clause in there that automatically renews it for another year, then you would be stuck with that tenant (which may or may not be a bad thing) but then you are not able to raise the rent for an other year and you would only be able to evict for non-payment of rent.

I hope you are getting written letters of indemnification from the seller and the tenants that is spelling out everything you just stated (amount of rent, when due, if there are security deposits, last months rent etc). I do not believe the security deposit can be used for back rent. I would be sure that that is in writing some where.. Also confirmed about the utilities other deposits, exact names etc

The back rent that is owed is not your worry. You want to know if they are current.

Short answer - if they are both current, and you get the estoppel letters, I would go forward.

If you close in December and they both have paid, it will be apportioned at the closing. I would then send both tenants a "welcome package" as it were : identifying yourself, where to send the rent, restating the amount, that it is due on the first etc. 

Next you have to decide how you are going to run the building. Do you want them both month to month or a yearly lease? In either case, I would give them BOTH notice that you are ending their tenancy but offering a new one upon them completing an application (so you know who is there) and signing a new written lease (even if month to month, that way you can have such things as no pets no smoking etc) even if you offer them rent at the same rate. You can also require a security deposit if you want although you might not want to get into the complexities of holding a security deposit just yet. Have you viewed the units, what kind of shape are they in? Does it look like they are taking care of the places or beating them up? You might want to do this in January or February to see if they keep current.

Sorry its a lot to take in on your first purchase. Feel free to contact me if you have questions. You may want a lawyer familiar with landlord tenant matters to help you negotiate the P&S as a lot of this can be added in an addendum.