Rental Property Investor · Worcester, MA · Member since 2013 · 137 posts · 36 votes
Hello everyone.
I am in the middle of what I thought was the end of my eviction process (roughly 4 months to date). I received in the mail a judgment from the Worcester, MA Housing Court giving me (the landlord) possession of the property. However, my tenant is appealing this decision and from what I can find online about this I think it is like a 6 month process or longer. Which is simply ridiculous.
My question here is can someone point me to a website that is actually useful about explaining the appeals process (I have yet to find one) in detail or can someone explain it to me.
Thanks in advance.
Mike
P.S. after I informed my attorney about the appeal he said he would no longer be helping me, so I am also looking for another attorney for the appeals process.
Lender · Tyngsboro, MA · Member since 2009 · 3k+ posts · 2k+ votes
12y
Mike, I'll PM you with an attorney who handles evictions. There is also a referral on my Black Diamond site under Resources, they are very good investor friendly attorneys, but I don't know if they handle evictions. Give them both a call
Lender · Tyngsboro, MA · Member since 2009 · 3k+ posts · 2k+ votes
12y
Mike, I'll PM you with an attorney who handles evictions. There is also a referral on my Black Diamond site under Resources, they are very good investor friendly attorneys, but I don't know if they handle evictions. Give them both a call
Rental Property Investor · Worcester, MA · Member since 2013 · 137 posts · 36 votes
12y
Thanks for the PM @Ann Bellamy I will look into those attorneys. I am pretty certain I am dealing with a professional tenant. unfortunately due to the appeals process it appears there are parts of the process that do not even have timeframes (outrageous) and I read one part of the process has a 130 day response (nonsense).
Landlord and Rehabber · Newton, MA · Member since 2010 · 2k+ posts · 877 votes
12y
Sorry to hear about the tough experience.
Thankfully I have only done 1 local eviction and it actually went relatively smooth (Less than 4 months, barely:) ). I think mine wanted to be a pro but wasn't that good at it yet. :)
What is with the attorney dropping you? Is this someone that doesn't normally do that kind of work? Hard to swallow having that type of professional cut you off at the knees this far into the process. I mean I assume he already made a couple grand off you and stood to make a couple more.
Rental Property Investor · Worcester, MA · Member since 2013 · 137 posts · 36 votes
12y
Well the contract I signed with him has a "clause" that says the 'appeal process' will be another fee and a new agreement. I know I signed this document so it is my fault for not reading ever word but he never mentioned that to be in the begining of the process (seems like that would have been important to mention). Yes to date I have paid the attorney around $2200 + filing fees and service fees. Regardless I will be using a different attorney for the appeal.
Investor · North Dartmouth, MA · Member since 2013 · 28 posts · 12 votes
12y
Mike,
I too am dealing with something similar in Mass. I believe your tenant may be filing something called a preliminary injuction. If this is the case, this needs to go before a judge. The judge will make the final decision. I cant imagine that this should take too long. Do you have a court date yet?
Also did you get the original execution from the court?
Rental Property Investor · Worcester, MA · Member since 2013 · 137 posts · 36 votes
12y
Right now I am on the 9th day of the 10 day period for my tenant to appeal, so I have not picked up the execution. I hope my tenant is lazy and does not file, but I am anticipating he will. So hopefully I will pick up the execution first thing next week.
Do you know how long this 'preliminary injunction takes'? Does this happen shortly after my tenant would file for it? I did some reading and it was talking about 3 days for something and 6 days for something else but I do really understand the process.
Investor · North Dartmouth, MA · Member since 2013 · 28 posts · 12 votes
12y
I dont know too much about it. As I am learning this process myself. I do know that for me, things were scheduled fairly quickly. At one point, the court call and wanted me down there the same day (I was at work) so it was schedule the next business day.
Definetly act on that execution if they are not out by the specified time. My best guess, is that they will file a "temporary restraining order' next, this stops you from using the execution. Then they will present to the judge why they need more time. The judge will decide yes/no, typically they can allow 10more day in the apartment, of course they have to pay for those 10 days.
This has been my experience thus far. I did have an attorney with me, but honestly I could have done it myself.
Good luck.
Investor · Milford, CT · Member since 2012 · 592 posts · 285 votes
12y
Here in CT evictions are pretty similar to MA but I have never gone down this far since I have been lucky not to rent to professional tenants. Is this for non-payment of rent or termination of lease?
Here in CT for non-payment I try to stay on top of it as far as meeting dates and getting marshalls to serve because time is critical. If a tenant is being a pain then I shoot for a court date asap. Try to get this in front of mediator/judge as they take non-payment seriously. Of course typical 3-4 months on a regular eviction with court dates or about 8weeks to 2 months on a tenant that does not respond to the court.
If you are dealing with the termination or lease and tenant is still paying then yes expect a 6 month eviction. I have even heard of some going for longer than that with all the legal back and forth involved.
That's why I say, do not hesitate for even an hour. Get down to the court at 9am for that execution order and get to the marshalls asap to serve it.
That's truely painful on the attorney leaving you like that. Definitely unprofessional and most likely knows this will be a long drawn out battle as he was looking for more $$$. If you get another attorney please be diligent on them as well.
I feel for you. I think I am up to eviction #5 after doing this for over 3 yrs. Waiting on marshalls call to throw out a tenant as I write this. Even with the marshalls I am calling them every day to get off their butts and service the eviction.
Rental Property Investor · Worcester, MA · Member since 2013 · 137 posts · 36 votes
12y
This is not for a non-payment of rent but termination of the month-to-month tenancy. The reason is 'no-cause'.
I just heard from my ex-lawyer that my tenant tried to serve him personally with documents. I found out that my tenant filed a motion for more time. What I am unclear about is if I still able to motion for execution while my tenant has this outher motion out there. Also since my ex-lawyer did not except these documents I am not sure how that all works. Looks like I need to get a lawyer ASAP, will probaly call one this afternoon.
Rental Property Investor · Worcester, MA · Member since 2013 · 137 posts · 36 votes
12y
After I got home I see my Tenant left a letter (presumably with the motion for more time) with no stamp at the main door to my apartment building (12 Units). I am pretty sure this does not count as service and do not know if I even have to pick it up.
After I got home I see my Tenant left a letter (presumably with the motion for more time) with no stamp at the main door to my apartment building (12 Units). I am pretty sure this does not count as service and do not know if I even have to pick it up.
Any thoughts on that?
Mike
Well the first thing I probably would have done if I didn't think I was properly served but had a pretty good idea of what that was I would have just tossed it and not posted what I thought it was online. :)
Ha, good point. I did end up speaking to an attorney on being served and essentially he told me it doesn't matter how you got the document in this case even though I am giving service through a constable. He advised me that it would be better to just show up for the court date than risk not being there and having it go in the favor of the tenant without my input.
Real Estate Investor · Boston, MA · Member since 2009 · 2k+ posts · 542 votes
12y
#1 WHAT DOES YOUR TENANT WANT, TO MOVE OUT? You can save a lot of time and money if you work from that. @Mike Hoefling
@Mike Hoefling I'd keep that Attorney on and let the Judge know you did not understand the terms (which you say you didn't). They'll have to petition the Court for removal from your case.
I'll send you another Attorney's contact info, our "Junk Yard Dog" of Eviction Attorneys recently got out of the Business, he's apparently graduated to Ambulance chasing car accidents.
The Massachusetts Tenant-Landlord rules are very simple: As a Landlord, if you miss a date or filing, YOU must start over from the beginning! If your Tenant misses a date or filing, YOU must start over from the beginning!
Real Estate Agent · Swansea, MA · Member since 2013 · 7 posts · 2 votes
12y
During my most recent eviction through the Fall River, MA Housing Court the Arbitrator did something on his own but that I will now forever request during the early stages of arbitration. On the summary process agreement for judgment under "The parties further agree as follows" he wrote in "The defendants shall seek no extension and shall waive their right of appeal." Of course the tenant needs to either not be paying full attention or at the time agree. Often things continue to go south as time goes on and having this solves a lot of issues. This is a simple step and it was a duh moment for me that I didn't already practice this but figured I'd share as it could help someone else in the future.
Rental Property Investor · Worcester, MA · Member since 2013 · 137 posts · 36 votes
12y
@Mike Hurney My tenant does not want to move out that is the problem. I offered him 2 months rent before the last trial and he declined stating he wanted 3 months. (in which I won possession). This is what makes it difficult.
It is the tenants right to appeal however I filed for execution today and my tenant has not appealed only asked for "more time" on his motion. He did not file an Appeal or a Stay of Execution. I am no lawyer but I would think that since a filed for the execution there is nothing he can do at this point (tenants have 10 days to file an appeal). The move-out is inevitable, less something happens at Trial this Thursday that would delay the execution. I will keep everyone posted on what happens.
Investor · Milford, CT · Member since 2012 · 592 posts · 285 votes
12y
Well if you did get the execution from the court, bring it to the marshalls and they will serve the tenant letting them know they have 24hrs to be out. But it sounds like the tenant applied for a stay of execution within the timeframe now it will go to the mediator/court to determine for how long. Here in CT tenants can ask for 6 months for lapse of lease and as long as they are current in rents.
As others are saying just get to the court and be deligent that you want the tenant out
I just finished at court this morning. The Judge gave my tenant a stay of execution until the end of December if he paid for December rent, which he did in court. The judge said if he is not out by then I can call the court and they will issue my execution (I previously filed for execution prior to todays court date).
What makes this a problem is that my tenant applied for RCAP, which is a rental assistance program (in Massachusetts) and this takes 30-45 days according to the tenant. The judge seemed very familiar with this program. My concern is that I will be back in court again in January with my tenant asking for more time. Long story short, I think once this RCAP program either gives my tenant money or moves him into another place nothing will really happen.