Evicting a Tenant at Sufferance in MA

2 Replies

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

I'm going through the same thing right now. Did the 72 hour notice suffice? We have a lawyer and this is all he does. What you wrote was similar to his advise, but a little different. Wanted to know how your process worked out.

This has been quite the learning experience!

The 72-hour notice to quit is fine, but you need to wait 14 days before you file the summons with the court. After this, you need to wait until the summons is served (again, via Sheriff), and then you file an Entry with the court. We missed this step the first time, so we had to re-issue the summons and then file the entry.

Long story short, we're still in the process, but we have a court date on 9/8. Tenant B who was supposed to move in on 7/11 had to pull her kids out of the schools and change towns, so I feel bad for her. Fingers crossed that we can get a resolution, because at this point, the woman owes us ~$6,000 before any late fees / penalties. Our savings is taking a bit of a plunge. 

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