Eviction Process?

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joer1212
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Eviction Process?

Post by joer1212 »

Here's our situation:

One of our Section 8 tenants in Massachusetts is over one month delinquent on her portion of the rent ($237). The last time she paid was on April 1.

We contacted her about this a couple of times via text. She replied with excuses and told us "don't worry, it will be handled this afternoon". That was weeks ago, and we still haven't received the rent.

In addition, she has not signed her new, revised lease, which requires her to pay for her own electric bill (all of our tenants have gotten one and have signed it). We sent her 2 emails with this new lease attached, as well as a certified letter (30 days in advance), which was signed for, yet she claimed that she didn't receive anything, and is now ignoring us.

Also, she has violated the terms of her lease by allowing another individual to live with her (not included in her lease). This man recently died of a drug overdose in her apartment.

I contacted her Section 8 caseworker a couple of weeks ago, and she told me that she will inform the tenant that if she is evicted for nonpayment, she will lose her voucher. But this apparently didn't have any effect.

I also contacted a couple of lawyers in Massachusetts about this, but they have not gotten back to me yet. So, I'm posting here because this is a time-sensitive matter (we want to evict by Aug 1 and must give 30 days notice*).

Do we need a lawyer to evict this tenant, and if not, what is the exact procedure? This information seems very hard to come by on the internet.

Thanks


* This tenant is on a 30-day month-to-month lease.
renue74
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Re: Eviction Process?

Post by renue74 »

The eviction process is very state specific.

In my state, South Carolina, it is "landlord friendly," and I've been through evicting tenants in as little as 3 weeks.

Your best source is to reach out to your county magistrates office or whatever public entity is used for eviction. Our magistrate office was very nice about informing us.
Carefreeap
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Re: Eviction Process?

Post by Carefreeap »

Yes you need a lawyer who specializes in evictions and hopefully one who has experience with Section 8 tenants.

What's the situation with any Covid eviction moritoriums in MA?
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neverpanic
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Re: Eviction Process?

Post by neverpanic »

IBTL

Sorry you're going through this, but it's a time-consuming process with very specific procedures in a lot of states.

https://www.mass.gov/service-details/fi ... on-process

Note: If the rent is subsidized by a government agency, you must check the lease and the program regulations to determine any special requirements for ending the subsidized tenancy, such as stating in the notice to quit the specific reasons you want to end the tenancy.

I wish you the best of luck. These situations can become a massive headache for relatively small amounts of money.
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Dfgdfg
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Re: Eviction Process?

Post by Dfgdfg »

I was a landlord of section 8 tenants for 5 years or so. My rental was in Franklin county and there was a FranklinCounty landlords association. It wasn’t expensive and got you discounts using group buys on oil and other things. They also had a book that was worth every penny that stepped you through each procedure and had sample letters. I highly recommend looking into this. It also had great information on mass tenant rights so you didn’t mess anything up.

Anyway, what I remember is you have to deliver a Notice to Quit in person along with an uninterested witness. I always used the sheriffs office for $75 to deliver and I didn’t have to be there. After that is delivered I think they have 30 days to cure and then you can file an expedited claim in housing court. Wasn’t hard. I did the whole process once.
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gwe67
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Re: Eviction Process?

Post by gwe67 »

Sounds easier than index investing.
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Topic Author
joer1212
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Re: Eviction Process?

Post by joer1212 »

Carefreeap wrote: Thu Jun 10, 2021 2:33 pm Yes you need a lawyer who specializes in evictions and hopefully one who has experience with Section 8 tenants.

What's the situation with any Covid eviction moritoriums in MA?
I've read that the eviction moratorium in MA runs until the end of June. But my brother (my business partner) went to the local court to inquire about this, and the lady at the front desk said that "they're doing evictions".
Topic Author
joer1212
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Re: Eviction Process?

Post by joer1212 »

neverpanic wrote: Thu Jun 10, 2021 2:43 pm IBTL

Sorry you're going through this, but it's a time-consuming process with very specific procedures in a lot of states.

https://www.mass.gov/service-details/fi ... on-process

Note: If the rent is subsidized by a government agency, you must check the lease and the program regulations to determine any special requirements for ending the subsidized tenancy, such as stating in the notice to quit the specific reasons you want to end the tenancy.

I wish you the best of luck. These situations can become a massive headache for relatively small amounts of money.
Thanks. Will read through this.
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joer1212
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Re: Eviction Process?

Post by joer1212 »

Dfgdfg wrote: Thu Jun 10, 2021 2:50 pm I was a landlord of section 8 tenants for 5 years or so. My rental was in Franklin county and there was a FranklinCounty landlords association. It wasn’t expensive and got you discounts using group buys on oil and other things. They also had a book that was worth every penny that stepped you through each procedure and had sample letters. I highly recommend looking into this. It also had great information on mass tenant rights so you didn’t mess anything up.

Anyway, what I remember is you have to deliver a Notice to Quit in person along with an uninterested witness. I always used the sheriffs office for $75 to deliver and I didn’t have to be there. After that is delivered I think they have 30 days to cure and then you can file an expedited claim in housing court. Wasn’t hard. I did the whole process once.
If my town in Massachusetts doesn't have a sheriff's office, where do I hire an uninterested party to come serve the eviction notice and how do I go about this? Excuse my ignorance, but this is my first time.
Also, this tenant is very crafty and evasive. What if she doesn't answer when we knock on her door to serve the notice to quit? Can we just leave it in her mailbox? Would that be legally sufficient?
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RickBoglehead
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Re: Eviction Process?

Post by RickBoglehead »

This is why we don't own any rental properties. If I did, I'd make sure I knew all this, and had an attorney, on retainer. Sorry you're going through this, but shouldn't be a surprise that this would happen eventually.
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anon_investor
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Re: Eviction Process?

Post by anon_investor »

RickBoglehead wrote: Thu Jun 10, 2021 3:30 pm This is why we don't own any rental properties...
+1!!!
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arcticpineapplecorp.
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Re: Eviction Process?

Post by arcticpineapplecorp. »

It's hard to accept the truth when the lies were exactly what you wanted to hear. Investing is simple, but not easy. Buy, hold & rebalance low cost index funds & manage taxable events.
sailaway
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Re: Eviction Process?

Post by sailaway »

anon_investor wrote: Thu Jun 10, 2021 3:31 pm
RickBoglehead wrote: Thu Jun 10, 2021 3:30 pm This is why we don't own any rental properties...
+1!!!
That and a fight over whether or not to let the property manager in to fix things.
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joer1212
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Re: Eviction Process?

Post by joer1212 »

gwe67 wrote: Thu Jun 10, 2021 2:58 pm Sounds easier than index investing.
I sure hope so. This woman has given me a lot of stress. Not only has she not paid her portion of the rent and not signed the lease to pay for her own electric, but to rub salt in my wound, she went out to buy a new AC to crank up this whole summer and run up my electric bill (she has money for the AC, but not for the rent).
Not only that, but my brother recently told me that she found another drug dealer/drug addict to live with her (in direct violation of her lease).
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anon_investor
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Re: Eviction Process?

Post by anon_investor »

joer1212 wrote: Thu Jun 10, 2021 3:37 pm
gwe67 wrote: Thu Jun 10, 2021 2:58 pm Sounds easier than index investing.
I sure hope so. This woman has given me a lot of stress. Not only has she not paid her portion of the rent and not signed the lease to pay for her own electric, but to rub salt in my wound, she went out to buy a new AC to crank up this whole summer and run up my electric bill (she has money for the AC, but not for the rent).
Not only that, but my brother recently told me that she found another drug dealer/drug addict to live with her (in direct violation of her lease).
Yikes. Hopefully it isn't as crazy as NYC, super tenant friendly. You would have to basically pay the tenant to move out in NYC...
TA_Lurker
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Re: Eviction Process?

Post by TA_Lurker »

Is this the first time she’s been late on the $237?
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hand
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Re: Eviction Process?

Post by hand »

Definitely engage a lawyer with experience immediately.

Based on hazy recollection (and location specific), you may have better, more timely results evicting for rules violation than for non-payment (non-payment is much easier to cure vs. a documented violation).

Also there is a school of thought that cash for keys can be more expedient and cheaper than the formal eviction process - who wants a disgruntled tenant trashing their place for a month or more...
Flyer24
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Re: Eviction Process?

Post by Flyer24 »

Thread has run its course (legal issue). Topics need to be related to personal finance.
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