How To Evict a Tenant: The Ultimate Guide

80 Replies

 I have a tenant who I think is trying to take advantage the virus situation.  He has had a history of late pay.  In the pass, he paid and called it a day.  This is the longest time frame he gone without paying 18 days.  Has anyone had an issue with tenants not paying do to the virus?

Hello- anyone out there know if you can evict a tenant if their lease is up but they refuse to sign another lease ( they want tenant at will) ? The lease ends May 31, and they have sent a check for June rent which we have not cashed as then this will auto convert to a tenant at will. They are also refusing a $100 a mos increase per mos. (combined these folks make over 500k a year!).

In MA - which has a moratorium on evictions currently due to covid.

Unfortunately you can do nothing to get them to leave.  As you noted, in Massachusetts ALL non-essential evictions are on hold regardless of whether you receive federal funds for tenants or if you have a federally backed loan. 

You can't evict for nonpayment, no fault/no cause, or any fault/cause except

  1. Criminal activity that impairs health and safety of other residents, health care workers, emergency personnel, persons lawfully on the subject property, or the general public (collectively, “others”);
  2. Lease violations that may impact the health or safety of “others”.

So the only evictions that can proceed will be directly related to health and safety.

 Unfortunately, the MA specific moratorium doesn't have a clear end date yet.  It runs until August 18, 2020 or 45 days after the end of the state of emergency declared March 10 - whichever comes later. 

There seems to be two categories of non-paying tenants. First, one that had lost their job as a direct result of COVID-19. The other is someone that is simply working the system just because they can.

I will work with someone that is in the first category but not the other! 

Be sure to work with an attorney that specializes in eviction. My attorney does 250 eviction claims per month!