Recently I purchased a triple-decker home which is occupied 2/3 by my family. The 3rd apt. is currently under a verbal rental agreement through the end of the month (the end of the last Landlord's ownership). Tenant refuses to meet with me, the new owner to discuss a written rental agreement and has also informed me of their refusal to pay December rent...after receiving a 60-day warning of the upcoming sale as well as a 60-day warning for the new monthly rental amount (still hundres below market value). Any leagal advice? She refuses to sign an agreement and will not confirm a definite vacate date, as well as refuses to pay Dec. rent due to an issue in the verbal agreement with the PREVIOUS landlord. There are no security deposits involved, nor are there fees being asked of the tenant. What is my right in MA? Shall I contact a lawyer to resolve this? Any tips on how to handle on my own? Thank you in advance!! Wish me luck!
2006-10-29 01:24:41 · 15 answers · asked by Alexis W 2 in Business & Finance ➔ Renting & Real Estate
Honestly, I fail to see any "tenant from hell" signs here.
If the other person still owns it through the end of the month, then you aren't her new landlord yet and I doubt that any rent increase you gave her is valid. You can't serve a tenant with a rent increase until you actually own the place.
After you close and you serve her with proper notice of a rent increase, she can either accept it or move.
Amazing as it may seem, she doesn't have to meet with you if she doesn't want to. She also doesn't have to sign any agreement that is not in her best interests or that contains a change or condition that she feels is unreasonable. You can take her to court for refusal to sign a lease, and the judge will decide what is unreasonable based upon her objections.
She "will not confirm a definite vacate date"? So what. If she is a month to month tenant, she doesn't have to tell you that she is leaving until a month before she leaves, and there are no eviction proceedings against her that put you in any position to negotiate with her on this. She really doesn't have to tell you squat.
December isn't here yet. If she made an agreement with the old landlord regarding the rent for December, than he should credit you for one months rent at closing. If he promised her a free month for whatever reason, then let him pay you for it. I don't blame her for not wanting to get screwed out of something she was promised.
To be really honest with you, it sounds like you feel you have more say in the situation and control over her than you actually do. I am a real estate paralegal for the top landlord/tenant attorney in my area, and believe me ... you do not have the "tenant from hell". You just have someone who is aware of her rights and is refusing to get screwed out of something she was promised. You are asking her for things that you have no legal right to (to meet with you, for a "vacate" date, etc), and for things that you have no legal right to YET (the rent increase, to sign an agreement, etc).
You sound like a nice person from your post. She probably is a nice person also. I can understand why you want everything all lined up, but the truth is that you don't have complete and total control over a lot of these things, and you are making demands of her that are making her angry. Back off and try to see it from her viewpoint. You have legal rights ... but so does she. And she doesn't have to give up any of those rights just because you feel she is paying below market rent. It just doesn't work that way.
Good Luck. P.S. It never ceases to amaze me how many people here give "advice" that will get you arrested, sued or both. Under no circumstances can you lock someone out without a court order. And the fact that she doesn't have a lease does not mean that she doesn't have a valid tenancy. A lot of people here also give "advice" that may make you feel righteous about your situation, but their answers are not based in reality and certainly aren't legal.
2006-10-29 02:07:43 · answer #1 · answered by BoomChikkaBoom 6 · 0⤊ 1⤋
You should give her and anyone else there an eviction notice. Start with a 3 day pay rent or quit. She will be required to pay the rent or leave.
After this is done issue her a 30 day eviction notice. You can find them at most stationary stores or Staples or Ofice Depot. On the eviction notice place her name and after place at least 5-6 unknowns that live there. This will cause anyone else residing there to be kicked out also. Failure to do it this way will require you to issue each a seperate eviction notice. If you know any others that are living there with her place their name on the eviction notice also
Post one to her door and take a picture of it on her door. When it is gone take another picture. Make sure the pictures are date stamped. Mail one to her by registered mail.
If she does not get out by the eviction date, 30 days later call the sheriff, he will then evict her to the side walk or have a company put her stuff in storage or place her stuff on the side walk.
You might check with the apartment house association in your area to see if there are any local procedures that must be accomplished. You might have to join to get information, but it is worth the small monthly fee, they have the latest lease/rental agreements. They can give limited legal advise ono tenant problems.
I hope this has been of some use to you, good luck.
"FIGHT ON"
2006-11-02 05:56:38 · answer #2 · answered by Skip 6 · 0⤊ 0⤋
If the last landlord owes her any money, then you legally have to give it to her. I am a landlord and I know this....If you have no lease, you can send her a letter terminating her tenancy. You have to check the state for how many days you have to give her to move. I find that if there is anything I can do for a tenant, I do it, within reason. You dont want them angry at you. Some tenants are just no good and you should get rid of them. I would NEVER rent without a security deposit. I can almost guarantee the place will look terrible when they leave
2014-02-17 00:56:55 · answer #3 · answered by janis jones 1 · 0⤊ 0⤋
Get a lawyer. Evict them, no ifs, ands, or buts, whatever it takes to do it.
You have a bad tenant. That's never going to change.
Combined with MA laws favoring tenants, you need to get them out as soon as the law allows.
Don't worry about them agreeing to a definite date to vacate. You'll get that from the eviction proceeding, and the judgement for unpaid rent and rental expenses can be reported to credit bureaus, which means they may decide they actually want to pay it in a year or two, when they can't buy a house or car or rent a nice place or get a credit card or get student loans while a judgement is unpaid.
2006-10-29 10:26:59 · answer #4 · answered by open4one 7 · 0⤊ 0⤋
Send her a registered letter giving written notice of your intention not to renew her lease at the end of December. Go ahead and file a law suite requesting the money owed you and eviction from the property effective December 31, 2006. Prior to going to court perform an inspection of the apartment to determine if any damages have been done so you can ask for money in your suite for repairs since there was no security deposit. Include the date and time of your inspection in the registered letter. Take a witness when you go into the apartment. Good luck.
2006-10-29 10:14:42 · answer #5 · answered by d b 3 · 0⤊ 0⤋
Having read the Boston Herald for 10 years and seeing the horror stories of tenants abusing the laws I strongly urge you to get a lawyers advise.
Mass is terrible with landlords and is extremely biased to tenants.
Half the housing shortage down there could be solved by changing a few laws to something more sensible. But then again we are talking about the Peoples Republic of Mass.
Seek legal advise you may be in for a huge and disasterous fight without it.
2006-10-29 09:35:54 · answer #6 · answered by my_iq_135 5 · 0⤊ 0⤋
The least expensive way to handle her is to start with a registered letter. Tell her she has 5 days to vacate since she refuses to pay the rent. ..then go to the sheriff's office and get an eviction notice .
You are the new owner and have no prior or existing contract with this person.
The eviction will take 30 days. Then she should get out. If she then refuses to get out you will have to contact a lawyer.
Also at your disposal is small claims court.
2006-10-29 09:37:16 · answer #7 · answered by debbie2243 7 · 0⤊ 1⤋
If the tenant refuses to sign a new lease,pay outstanding rent, or vacate the dwelling after an eviction notice has been served, you may have them forcibly evicted by local law enforcement. Hope this helps.
2006-10-29 09:35:26 · answer #8 · answered by S.A.M. Gunner 7212 6 · 0⤊ 1⤋
YOu already gave her the sixty day warning charge her the new hire rent or just lock her out of the place.This is business and has nothing to do with friendship evict her for non payment of rent period you should not concern your self with what will happen to her once she leaves,where am i suppose to go she will whine and you should show no campassion this women refused to pay she is out tough luck for her.As a landlord myself i am not the least bit concerned with other people financial hardship.They do it to themselves.
2006-10-29 09:49:45 · answer #9 · answered by Anonymous · 0⤊ 1⤋
Get a free booklet from your local city/state about tenant/landlord relations. Educate yourself before you do anything. You may even be able to read it online.
Then light a candle and pray....
2006-10-29 09:31:01 · answer #10 · answered by Anonymous · 1⤊ 0⤋