Section 8 TAW Non-Payment For Rent in MA

[Salina Doe]

Hello Investors and Landlords of Massachusetts! 

 I am a first time homeowner and landlord and just bought my first 2-family home in the Greater Boston area (Lynn) and I wanted to ask if any investors or landlords here have any advice about a TAW not paying the rest of last month's rent.  Section 8 covers 2/3. 

Going to keep this short:

I bought the home that had a TAW at will who is also a section 8 recipient who has lived in Apt #1 for over 10 years with no lease. Since my closing was in the middle of the month, I provided the tenant a 60-day Notice to Vacate. I got the rent check from Section 8 on the 1st of the new month and I foolishly forgot to pick up the rest of the rent until the 3rd day of the month. My fault - 100%. I asked the tenant (tenant has personal matters - wife is in the hospital and he's visiting her) I'm going to come pick up the rent and he said he's not home. He'll be home by EOW. Okay, no problem - I understand his situation so I was like okay by EOW I'll check in again. Now EOW, same thing. He said he's not home (visiting wife) and will have by next weekend. Okay...did the same thing and checked with him later. During this time he had a leak and sink faucet issue - we fixed it and asked him in person if he has the rent and he said this weekend (middle of the month now). Time comes and he's no longer replying to my texts and calls. He said he's not home but there are a couple people that comes in and out of his unit while he's not home, smoking in the apt, and touching my boilers in the basement. Now I'm getting fed up, gave him a new 14 Day Notice to Quit For Nonpayment. Taped it on his front and back door and texted to him. Installed cameras in front of driveway and in front porch only to find out that he's been in the unit all along. He's now texting me saying I'm heartless and wants to lawyer up. I want to lawyer up too and to start the eviction process. What are my rights and next steps? 

Thanks! 

[Nathan Gesner]

Quote from @Salina Doe:

What you've discovered is that Tenants can be liars and cheaters. Welcome to the club. Everything you do as an investor should be on a "trust, but verify" basis. Don't assume everyone is a liar or a cheat, but set up policies in case they do.

I recommend you hire an attorney that can help you navigate this. Ignore the Tenants threats of lawyering up because he probably doesn't have two nickels to rub together and he knows he's in the wrong. Just do your thing, get rid of this cheat, clean the property up, and rent it for market rate to someone that will abide by the agreement and pay you a fair price.

Do yourself a favor: buy "Every Landlord's Legal Guide" by NOLO. Written by attorney investors, it's full of practical advice pertaining to management of investment property, has sample forms that can be edited, and - most importantly - they tell you what your primary state laws are and where you can read them. It's updated every year and is the best $40 you'll spend as a Landlord. There is one book for 49 states and a separate book for California.