A Premium Guide to Editing The Massachusetts Notice Of Lease For Recording
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PDF Editor FAQ
My tenants haven’t paid rent in 2 months, can I legally hold their belongings until they pay rent or do I need to take them to court?
Don't step outside the bounds of the law, it will come back to bite you on the butt! My bad tenant wouldn't pay his rent and called the board of health on me to try to not pay. The problem was that he didn't notify me of any issues as required by law, he never gave me the opportunity to view and repair the issues. Now, before he moved in, we went thru the apartment and I listed ANYTHING he saw as an issue and repaired EVERYTHING to his 'satisfaction', documenting this in a video before he moved in. Now, almost three years later, 'there were issues'. His response was to withhold the rent... bad move on his part. (I later found out that he lost his job and felt this would help him 'not have to pay' rent... WRONG!).The town board of health sent me a letter and we met at the property. As HE was the complainant, he was SUPPOSED to be there also. Since he chose to not show, he defaulted so I 'won' that case even though I had no responsibility anyway as he 'signed off' via that video that the property had NO ISSUES at move in. I am not one to sit back so, as the lease stated I as landlord have the right to 'enter the property without prior notice for emergency situations' as long as I notified the tenant after the fact of the entry. Since the tenant listed all these discrepancies and since he called this meeting he had PRIOR notice of this meeting so I was well within my rights to allow the Board of Heath inspector in.We were in for about 5 minutes when the tenant showed, as mad as a wet cat that we were in 'HIS' apartment. He stated that as long as he lived there, it was 'HIS’ to do with what he wanted to do'. That lasted three seconds! I told him all the rent did was give him exclusive rights to LIVE THERE and no more. I added "since you are two months in arrears, you have NO RIGHTS AT ALL to this property so since YOU called this meeting, stop posturing before I call a sheriff and have you removed as a squatter". That shut him up.We went over the list. Since he signed off on the video ALL found was proven to be his doing and HIS financial responsibility to repair. I say financial responsibility as his lease states 'the tenant cannot themselves not (?) arrange repairs without the expressed WRITTEN permission of the landlord' and 'all damages caused by the tenant will be repaired BY THE LANDLORD and full payment for same will be rendered by the tenant to the landlord UPON DEMAND. I also found out he was sub-letting a room (lease violation). When all the dust cleared from his board of health scam he still withheld the rent without reason this time. I saw what was going down so I decided to get him out. I gave legal notice of rent increase. I sent him a notice by putting one copy in his mail slot, one by regular first class mail AND one by certified mail, return receipt requested (to prove it was received and by whom).As allowed in his lease and by Massachusetts law, I was going to increase his rent with the required 30 day notice. On April 28th I sent out the aforementioned notice. His rent went from $1000/month in April to $5000 in June, "one second or all month the total rent is due with no proration due". He was out on May 30th. I then went to court to recover damages and rent. He defaulted. A warrant was issued for his arrest. I gave this to the sheriff to recover and transport to jail pending appearance before the judge. I was advised by a friend to give the warrant to the sheriff the warrant late on Thursday, this would assure that since he would not see the judge on Monday morning, that he got to be a 'guest of the state' from Late Thursday until Monday. I received ALL the monies owed me plus interest. He received a judgement against him, a criminal record and since everything he did was illegal, he moved out of state as no one in the area would allow him to rent with the record, history of non-payment, calling the board of heath and using them as a tool to avoid rent, etc.My advice to you? Bring them to court. You CAN put their possessions in storage. Check with YOUR LOCAL COURT to see what you can and can't do. I have learned that if a tenant runs afoul of the law, less happens than if a landlord does, this at least in Massachusetts which is anti-landlord and pro-tenant'. I seems counter intuitive as it is the landlord paying the taxes. You would think that a tenant that won't pay rent would be more harshly treated but alas this is not so here. Good luck.Addendum: Many seem to think this is fiction, it is not. It happened exactly as written above and herein. I found that this tenant does this everywhere he lives. He frequents three towns to rent in, lives there without issue for about a year, then starts ‘finding issues’ with the apartment so as to stop paying rent. So far I have found a few other landlords he owes and three friends that he conned out of money. He has never rented and left without owing. All the issues he found in my place, he caused so that went south on him real fast. He then had to PAY for the repairs because tenants are forbidden to repair anything in my property per the lease they sign. Once signed, it is a legally binding contract unless something is not lawful. Everything I put there is lawful. When his games started getting out of his control, he began to attempt ramping it up. He is good but alas I am better I have the law behind me. I have found also that he conned one of his ‘best friends’ out of ~$2500 and that when the warrant was issued, he skipped and went back to his home country. (Can’t pay his rent or friends back but had the money for a last-minute ticket overseas). I found that he does this regularly. This is his M.O., it is how he lives on the backs of others. He is now being ‘sought’ because of the warrant. That will never go away. If he comes back, he will be arrested when he sets foot in the U.S.A. and be brought before a judge. At this stage my claim is the least of his worries. His ‘flight to avoid arrest’ is what he now has to look forward to. I hope he is bold and stupid enough to come back as I do so want to see him in court. His bail, if by some act of God is granted, will include his debt to me with penalties and interest and court fines etc. on top of the ‘risk of flight’ bail which will probably be denied as he ran once already.
What will happen if I leave when my lease is expired. I've given 30 days notice to my land lady. Paid up to date. But my roomate with no lease (tenant at will) refuses to leave. What will happen to my roommate? Live in Massachusetts.
What will happen if I leave when my lease is expired. I've given 30 days notice to my land lady. Paid up to date. But my roomate with no lease (tenant at will) refuses to leave. What will happen to my roommate? Live in Massachusetts.If he refuses to leave, the landlady will probably have to evict him. Since he’s an at-will tenant and has been given notice to leave, he’s not protected by the CDC eviction moratorium.Then he’ll be tracking you down for another place to crash, because no one will rent to him with an eviction on his record.
Can a landlord not accept rent and try to start an eviction based on a personal issue with a tenant? Can the landlord threaten the tenant if he used the moratorium in Massachusetts, USA, to stay as long as it takes to find comparable housing?
Yes, if your a tenant at will either party can terminate the tenancy with a 30 day notice. If on a lease, it will need to be done at end of lease. He can refuse money and use your last months rent and even if you don't have a last months rent, he can refuse collection, so you have money to move. The landlord can threaten the tenant all he wants but he can't do anything until the moratorium is over. So use this time and find a place to move to. Why would you want the stress of living somewhere where you're not welcome? Also as a side note. Court records are public knowledge. Most landlords will check records as part of the screening process. If you decide to fight the eviction in court it can make it more difficult to find another apartment. Even if you win a prospective landlord doesn't know if the previous landlord is a dick or you are the dick. So just move. It is his property after all and as long as he isn't asking you to leave because he's racist, then he's allowed. If he is racist and discriminating against you, then he wouldn't have given you the apartment in the first place. So it would be hard to prove.
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