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Eric Higgins
  • Investor
  • Framingham, MA
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Evicting a Tenant at Sufferance in MA

Eric Higgins
  • Investor
  • Framingham, MA
Posted Jul 2 2015, 08:58

First time poster - little background.

I own a SFH in Mansfield, MA which I currently rent out. The current tenant (Lets call her Tenant A) was on a lease that ran from 7/1/14 - 6/30/15. I had met with her in the weeks leading up to 6/30 (showing the property to prospective tenants), and she assured me everything was on track for her leaving.

Now 7/1 rolls around, and my next tenant (Tenant B) is scheduled to move in on July 11th. Tenant A refuses to leave the property, saying she has no money and no where to go. Her lease is now expired. 

I recognize that a little knowledge is a dangerous thing, so I would love some feedback. What we did today was go to the Sheriff's office and issue her a 72-hour notice to quit. In addition to this, we also issued her a notice that her daily rent is increasing to $150/day for each day that she stays in the property (terms under the original lease were ~$90/day). Our plan is to file a summons on Monday morning, if she hasn't vacated the property at that time. 

One of the things that we had read conflicting advice on was whether or not you could issue someone a 72-hour notice to quit (I read in one place that you could, yet another site said it had to be 14 days for non-payment, 30 days for repossession of property). 

This is our first eviction, so we're not stressing about it, rather taking it as a learning experience. We just purchased a 6-family building in Worcester a couple months ago, so we know we'll be dealing with this again at some point.

Thanks,

Eric

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