How do I evict? Renter not paying! - Massachusetts?

Question

So I just rented my condo to a lady with a 16 year old. She did not have great credit but she met the income guideline when her court mandated child support was included. Her reference was fine but probally was a friend, who knows. (out of state) So, I signed a year lease with her and her 1st months rent and security did not even clear the bank. They both bounced, I talked to her and she said I could deposit one and the other a week later. Well, I redeposited one and it bounced. So she has not paid me a dime. So, how do I evict her? Can I call her up now and give her a warning, that I am going to start the process?

Answer 1

You have to go to court to evict her.

Coach

Answer 2

In Michigan...
1) Go to the county courthouse. Get a non-payment of rent notice to quit. At my courthouse there is a landlord/tenant office where they have the blank forms. They cost 25 cents.
2) Fill it out is is self explanatory.

3) Mail it to the tenant. I must get proof of mailing from the post office (not a certified letter because the tenant won't accept/sign it), just proof of mailing. It is easily done at the counter.

4) Wait seven days (my state, it should say how long on the form). Return to the same clerks desk/area that you got the form originally. Say I want to file for a court date.

5) The clerk will take the copy of the first form (the notice to quit, it is a form with a duplicate), and give you 2 blank, different forms.

6) Fill them out right there. Do not check the box that says you want monetary restitution. You will never get it from that tenant and it is more expensive to try.

7) Give the forms to the clerk and she/he will look them over to make sure you didn't forget any lines. She/he will stamp them and keep the top copies and give you back the duplicates. At this point, I get the court date and time also, it is part of what the clerk writes on one of the forms. The court will send a copy of the forms to the deliquent tenant. The court handles the notification of the tenant. I need only to show up at the appointed date and time at court.

8) Be at court ready to argue your case with whatever paperwork you have. A lot of times the tenant is a no show and you win with a default judgememt. Sometimes the tenant will show and you both argue your cases. If you lose, end of story. If you win, step 10.

9) After court go to the same clerks office and ask to file the judgement. Ask for a writ of restitution. This is the actual paper that the court officer (typically a bailiff making side money) will use to toss the tenant out.

10) In my court, they won't give me the writ until 3 days have passed.

11) Return in 3 days and get the writ. The clerk will ask/show you a list of bailifs/officers/whoever that are approved to serve the writ (actually go to the rental and toss them out).

12) Pick a bailiff. That person will call you and arrange the actual eviction. The bailiff may give the deadbeat another day.

13) Meet the bailiff at the final agreed upon time at the unit. Typically the tenant is gone. If not, have friends ready to move their stuff out to the curb. Or you can pay the bailiff to have his friends move the stuff out.

14) Immediately change the locks. The bailiff will post the eviction papers on the door.

15) You are done. The place is yours.

16) Do not trash pick the tenants stuff. You know it is not trash. Anybody else could trash pick the stuff, but not you or your friends because you know it is not trash.

Answer 3

While each state is different.....you need to start the legal clock NOW....send a demand letter and include a 3 or 5 day Notice to Quit or Vacate.....google your state and landlord/tenant laws for specific steps.....On the day after the Notice expires.....go to small claims in your area and request a hearing date, and you have to serve her, post it on her door, and mail it to her.....

then the court will award you your judgment and eviction order...

Never Ever include child support in an income guideline!!!!!

When my tenant was 5 MINUTES late (my lease specifies time of day rent has to be received), I started the process and 22 days later the constable was at his door getting the keys and evicting him. - all w/out a lawyer

You shouldn't be a landlord if you don't know the basic eviction rules. Be prepared

Answer 4

In NY, you have to give a verbal warning. If the tenent hasn't moved in 30 days, you send a written notice. If the tenant has moved with in these 30 days, you go to small claims court and have her evicted. Some places the local police will do it . so you don't have to go to court. You may even ask a lawyer to write and send her an eviction notice.You have to be the one to start the procedure.

Answer 5

I moved to Cali from Mass and I am property management here but never over there. I know here we have to serve a notice to pay here it is 3 day notice to pay rent or quit. YOu know there is a place called Apartment Association that is great you become a member and they provide all the papers. Never say anything about a kid though that is discrimination case right there. Always say tenants. I know that for a fact.

Answer 6

MAN,

I'd start that ball rolling. She violated the terms of the lease by non-payment. You are not required to adhere to the lease. Send her a register letter informing her of intent to evict. Contact the county attorney.

Answer 7

in case you have no longer signed an contract to lease or lease the home and you pay in funds and get no receipts neither you nor the owner look to have any documentation of an contract or charge. i does not pay lease without getting a receipt and that i ask your self why you do. It does not look lots approximately this association is "with the help of the e book". you will possibly desire to seek for suggestion from a legal expert. you may seek for legal centers for low income human beings. i think of you will possibly desire to in all probability pass ASAP. once you settle directly to withhold lease because of fact maintenance at the instant are not made you will possibly desire to do issues like: save the money in an escrow account so as that the money are accessible if/whilst the maintenance are made; or pay for the maintenance and deduct the cost from the lease. you will possibly desire to offer receipts for the artwork to the owner. i'm no longer an authority in tenants' legal rights and common jobs, yet I do believe that in basic terms no longer paying the lease isn't very valuable in case you opt for to maintain residing the place you do. It does not sound as in case you do decide for to stay there.

Answer 8

I've seen eviction notices posted on the front door of neighbors, they were signed by the Sherrif's office. I'd say give your local one a call and see what they say.

Answer 9

I believe I would ask an attorney, I think they give free consultations. She is a minor and therefore she cannot make a legal contract to the best of my knowledge. Take her to small claims court maybe.

Answer 10

Call up cousin Guido from the Bronx and tell him to bring his moving truck. or you could go to the courhouse and file some papers.