Need Help Removing Tenants

Hello,



I am having the same tenants since the last 3 years and they are otherwise good people, but just make a lot of noise. (they live in the apartment upstairs). Despite the fact that i have asked them to be quiet they still continue to make a lot of noise. They are now expecting a second child in Nov. and will get more noisy.



I would like to get rid of them. What is the law in Massachusetts? How long do i need to give them before i ask them to move on? What procedures should i follow to give them a legal notice?



Your advise is appreciated.



Thank You.

Comments(19)

  • cmiller998614th October, 2007

    I saw your other post so you do not have written leases. Mail a 30 day notice to vacate. Keep a copy for you. They should leave in 30 days. If they do not evict for not leaving. No problem.

  • vashisthapatel21st October, 2007

    thanks for your advice guys. this is helpful.

    cmiller, can i ask them to vacate in 30 days? dont i need to give them more time? after 30 days if I go to the court, wont that buy them more time? what is the law in MA?

    Thanks.

  • Ruman21st October, 2007

    30 day notice and 30 more to evict if they dont leave. Offer them an incentive of $100 if they leave at the end of 30 days


    Quote:
    On 2007-10-21 15:08, vashisthapatel wrote:
    thanks for your advice guys. this is helpful.

    cmiller, can i ask them to vacate in 30 days? dont i need to give them more time? after 30 days if I go to the court, wont that buy them more time? what is the law in MA?

    Thanks.

  • vashisthapatel28th October, 2007

    thanks for all your help guys. I appreciate your time and advice.

    here is what actually happened - We spoke over the phone professionally before a couple of days at lenght. He has agreed to move out next summer. His wife is pregnant right now and makes sense to allow him some more time to find a replacement home. Also, as suggested, it would be harder to find a replacement tenant in winter and works out best for both of us.

    thanks again,
    Vash.

  • mcole29th October, 2007

    In the meantime, this might be helpful...

    http://www.lawlib.state.ma.us/landlord.html

  • mcole29th October, 2007

    In the meantime, this might be helpful...

    http://www.lawlib.state.ma.us/landlord.html

  • vashisthapatel29th October, 2007

    thanks. thats what i was looking for.

  • dirtman8925th October, 2007

    Do they have good credit that they may want to preserve?

  • ERomm25th October, 2007

    nope, that was my mistake.. The market was so bad I took a risk . I want to sue them anyway, people should realizethere are consequences to there actions.

  • dirtman8925th October, 2007

    Is that your job to do it or are you trying to make the next best move here? Can you negotiate some future payments based on the threat of an evictions judgement?

  • ERomm25th October, 2007

    Thanks for the advice. this website is always extremely helpful

  • LeaseOptionKing26th October, 2007

    Your Lease can say that they are responsible for the balance of the term upon forfeit, but in almost every state (except for Texas, I think), you must make a good faith effort to re-rent the premises and can only recover your actual losses.
    [addsig]

  • finniganps26th October, 2007

    This issue coincidentally just came up with me and I am putting everything together to re-rent it (they just sent me an e-mail giving 30 days notice). I asked them to send me a signed letter as well. I will post the listing tonight and hopefully get it re-rented quickly.

  • dnvrkid31st October, 2007

    You can try visiting their current place of residence in the application process and show them where they forgot to fill something out on the application. Stop by where they currently live and it gives you a chance to see how they keep their current place up. There may even be a chatty neighbor in the area that has some information.

  • linlin5th November, 2007

    Are you kidding. There are many functional drug users and drug dealers can also have regular jobs.
    On the average I think the only drug dealers and users that will stand out are those on the lower end of the income bracket.
    A good screening process will help but it guarantees nothing. Visiting the property regularly is the only way

  • jimandlacy8th November, 2007

    You do have them all on one lease, I hope.

    If that is the case, you remind them that all of the tenants on the lease are equally responsible for the maintenance and upkeep. The deposit is not divisible not is the responsibility as far as the landlord is concerned.

    So they need to be grown-ups and work this out among themselves.

    Jim

  • Mashuganah8th November, 2007

    Thanks for the feedback. They are all on separate leases, but the leases are all the same except for what they pay each month (different size rooms).

    Is a single lease for all more advisable? If so, why and what happens when one of them moves out and someone else moves in?

  • pstabile6th November, 2007

    I have used www.rentclicks.com and also craigslist. Most of my rentals are filled via craigslist. I also get alot of activity from putting up "For Rent" signs on the front lawn.

  • joel7th November, 2007

    You can get started here:

    http://www.propbot.com/tutorials/

    We run a Property Management company and have filled all our vacancies this past year within a months time (Not bad considering our area. It is normally 2-3 months average over the past three years.) This is also considering time to go in and do the re-rent cleaning and fixing up.

    1. Use signage in front of the units.
    2. List here on PropBot
    3. List on Craigslist, and forward them to the PropBot listing.
    4. List with SocialServe and forward them to the PropBot listing.
    5. List with local paper on Sundays only. Usually it is much cheaper if you pay for the entire month.

    Hope this helps.

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