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Forums » Rental Property Questions & Landlording Issues » First Eviction! Questions...

First Eviction! Questions... Subscribe to First Eviction! Questions...

36 posts by 13 users

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Multi-family Investor


I'm living in MA and I have to go get started with my first eviction process. I have 3 units, and the eviction will be the one that moved in 1.5 months ago. Check bounced... was promised money... none. Voicemails not returned... enough with it.

I understand that in MA I will be serving a 14 day notice to quit. I will be contacting a constable to serve that notice. My question is if they see the notice and then pay the month of March, what happens in April. In April I am not waiting 3 weeks to start the process.

Then after the 14 day period I will go to court... this is going to be interesting. Tips are welcome.


Residential Landlord · Cincinnati, Ohio


Originally posted by S Yu
I'm living in MA and I have to go get started with my first eviction process. I have 3 units, and the eviction will be the one that moved in 1.5 months ago. Check bounced... was promised money... none. Voicemails not returned... enough with it.

I understand that in MA I will be serving a 14 day notice to quit. I will be contacting a constable to serve that notice. My question is if they see the notice and then pay the month of March, what happens in April. In April I am not waiting 3 weeks to start the process.

Then after the 14 day period I will go to court... this is going to be interesting. Tips are welcome.

From what I understand, they have the option to pay you within the 14 day period (7 days where I'm at). After the 14 days you can file for eviction and no longer under any obligation to accept their late payment unless you want to. So next time send the 14 day notice as soon as they're late. Each time I sent notice such as that, I use register mail and charge the tenant $15.00 for the notice sent on top of the late fees ($6.00 for the postage service, $9.00 for my gas & time)


Multi-family Investor


Thanks. I will serve that this 14 day. Then on April 3/4th serve them another one if it continues.

Guess I missed something on selecting these ones.


Real Estate Investor · Southern CT, Connecticut


YOu live and you learn. as long as it's not too costly and they don't leave the house very trashed.


Real Estate Investor · Godley, Texas


Wow, in Texas we have a 3 day pay or quit notice. 14 days? uhmmm

Also, be careful if they offer any kind of partial payment. Our courts won't consider eviction if you take any partial payment.

Good luck.

E-Mail: IBuy@ChargerProperties.com
Website: http://ibuyjoco.com/
Twitter: tuitionsource / I Buy Johnson County


Real Estate Investor · Wheat Ridge, Colorado


Yeah, three days here, too.

Be sure you include late fees in what they owe you. If a tenant paid me at the end of the month for rent that was due on the first, they would have racked up considerable late fees. My lease also says I can apply any money received to late fees, utilites, or anything else before rent. And it says acception partial payments doesn't terminate any rights. My attorney has reviewed that, though I don't know if that would stop the proceedings if I accepted a partial payment. Honestly, I would not accept a partial payment once I gave them the notice. Pay in full, leave, or we go to court.

Here you have to hand it to them or post it, so mailing isn't an option. No sheriff is needed to serve it, though. That comes later. Are you sure that's required?

I agree with HP68. Post the pay or quit on the first day you can, unless you and the tenant have worked out some arrangement. You might be surprised at how the money appears once its clear they have to pay or get out.

Small_flying-phoenixJon Holdman, Flying Phoenix LLC


Multi-family Investor


Yea, 14 days... we are in tenant friendly MA. I cannot add late fees until 30 days after they are late per state law. Sucks... I'm calling up the constable tomorrow to serve the notice. Lets see what BS I hear... I just hope they don't ruin the property!


Residential Landlord · Cincinnati, Ohio


Jon, I just went through eviction process 2 weeks ago. My attorney advised me through the whole thing. He told me to mail the notice using USPS register mail, that way, we have a record of it. It does not matter if the tenant at home to sign for it or not. In my case, the tenant ignore little notice left by mailman and didn't bother go to Post office to pick it up. The notice was returned to me after 3 weeks. I gave it to my attorney along with the receipt that I sent it. I also posted (taped) a copy of the notice to the door.... guess what, the tenant claimed that she never saw that notice. Doesn't matter though, I sent 1 by register mail and have proof.


Multi-family Investor


Yea, I would do that, but since I would much rather not deal with the headache, I'd pay that initial fee for serving the 14 day notice. No pointing fingers about not receiving anything. Just left the constable a message and will wait for him to call back tomorrow morning to get things started.


Real Estate Investor · Baltimore, Maryland


Originally posted by S Yu
I'm living in MA and I have to go get started with my first eviction process. I have 3 units, and the eviction will be the one that moved in 1.5 months ago. Check bounced... was promised money... none. Voicemails not returned... enough with it.

I understand that in MA I will be serving a 14 day notice to quit. I will be contacting a constable to serve that notice. My question is if they see the notice and then pay the month of March, what happens in April. In April I am not waiting 3 weeks to start the process.

Then after the 14 day period I will go to court... this is going to be interesting. Tips are welcome.

Not to steer the conversation, but it looks like a professional tenant. Did you prescreen him?


Multi-family Investor


These are rather young tenants. They are ~ 21-22 years old. a young married couple I believe. The screening I did was to contact their previous LL and their employers and verify their paycheck and salary.

Quite unsure if they are professional tenants. This will definately be a headache for a few months.


Real Estate Investor · Baltimore, Maryland


Originally posted by S Yu
These are rather young tenants. They are ~ 21-22 years old. a young married couple I believe. The screening I did was to contact their previous LL and their employers and verify their paycheck and salary.

Quite unsure if they are professional tenants. This will definately be a headache for a few months.


Advise them you will report their debt to credit bureaus which will affect them buying a house in the future. And do report them if not paid.


Multi-family Investor


Not responding to voicemails or phone calls. A bit past that point...


Wholesaler · Valley City, Ohio


My best advice is to show up at their doorstep, offer to forgive all past debt, and offer to give cash for keys. All they need to do is take a few days, empty the place and leave it broom clean, and you will use the money you would spend on an eviction and give it to them. I know it sucks, but you will come out much further ahead.

Small_logo_largeRob Gillespie, Rob The House Guy, LLC
E-Mail: rob@robthehouseguy.com
Telephone: 330-800-9043
Website: http://AskTheHouseGuy.com
Rob@RobTheHouseGuy.com 330 800 9043 AskTheHouseGuy.com RobTheHouseGuy.com



Originally posted by RobTheHouseGuy1
My best advice is to show up at their doorstep, offer to forgive all past debt, and offer to give cash for keys. All they need to do is take a few days, empty the place and leave it broom clean, and you will use the money you would spend on an eviction and give it to them. I know it sucks, but you will come out much further ahead.

... and this is probably why they are still runnign the gambit on all other LL's; I would prosecute them to the fullest extent of the law!


Multi-family Investor


They got served today. Took them about 10 minutes of knocking on the front door and side windows for them to finally open the door and sign.

Will keep this post updated as much as I can.


Multi-family Investor


I've been trying to see what people do in this situation. Would you serve a SECOND 14-day notice to quit for April rent? Or should I not do that?

MA LL's please chime up!


Real Estate Investor · Lake Worth, Florida


The MA state website seems to have some good info on the
eviction process. The link is to long to post here so just google search "Massachusetts eviction laws" and the third one
from the top should be titled "Tenant Rights & Responsibilities"
They have some detailed info on how the process works in your state.


Real Estate Investor · Baltimore, Maryland


Originally posted by RobTheHouseGuy1
My best advice is to show up at their doorstep, offer to forgive all past debt, and offer to give cash for keys. All they need to do is take a few days, empty the place and leave it broom clean, and you will use the money you would spend on an eviction and give it to them. I know it sucks, but you will come out much further ahead.

Speaking of "forgiving debt" - I believe the IRS requires you to report the amount of debt on 1099 (provided it's above $600), and the debtror will pay taxes on the amount


Multi-family Investor


It has been 7 days since I served the notice. Do you guys think I should call again? Or write an email? Or just be done with it? I tried to call before serving this letter to see what was happening.

Second question I asked earlier if I should be serving a 2nd notice to quit for April rent?

Thanks




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