I have Tenant in Massachusetts who has been living on property for last 6 years. He has paid rent but always late and usually pay around 10-15 of the month. I have to go and collect Rent in Cash as previously his cheque has bounced , he fails to do online transfer like Vaymo and have to constantly remind him to pay rent . For the month of July 2019 he as not paid rent yet and i have tried to reach him many time but no rent paid yet and any indication when he will pay. I have serve him a 30 days notice period to quit which will end in August 30 . I really doubt he will pay and planning to go to court to evict him. I have few question on this process and i have read a lot but like to confirm from fellow landlord who have gone through this Pain. I have email from earlier time where his cheque have bounced or he is late etc.
1. IF he donot evict after Judge tell him in our first hearing then can i take the Sheriff to evict him or Do i have to file another court hearing to get him out . What is the law in Massachusetts
2.Can i ask Judge to garnish his wage for unpaid rent and my other charges which i pile up during this process . if yes , what is the process
3. if he just vanish and leaving his stuff behind then can i garbage his stuff after giving him 5 days notice. I have his email , phone number and address where he works OR i have to put stuff in Storage unit.
4. How can i enter my property for the time he is living . Can i send him a text that i will be coming to property with 1 hour notice.
5. Is it legal to send summon to his office address
Really appreciate information on this area and any reasonable lawyer someone can refer who donot cost too much.
Yes , i am doing my reading but will like to know how i can move forward by learning from folks experience who have gone through it before
Any information on the points i have mentioned above
https://masslandlords.net/ could be another good resource for you to explore. I took the crash course last weekend which was very informative. I still think your best bet would be to contact an attorney. Like Charlie said MA is very tenant friendly.
It is very complex to answer in an on line forum but will point out a few things.
If you have given him a 30 day notice already then you are ending the tenancy at the end of August (which is August 31, not August 30) It doesn't go 30 days from you serve him but goes to the end of the next rental period. So even if you served him July 1 he would have until the end of August to vacate.
In the mean time I would go to the court that would handle the eviction. You didn't say where the property was. Although the district court can hear it, if there is a Housing Court it can be removed there so it is better to start there anyway. Go to the court and purchase a summons/complaint. Ask the clerk about filing in the correct dates for after September 1 so that on September 1 you can have the sheriff or constable serve the summons/complaint. When you get the service back you will need to take it to court and enter it. Then if no answer, counterclaim or discovery is filed you sow up on the hearing date. If he does not show up you can file for the default judgment and Execution which you get in 10 days. Then you turn that over to the sheriff or constable (and pay them their fee) and they will do the move out. If the tenant show in court you will go to mediation to work it out or get your trial.
Easy right? It can go many different ways, thats just the basic outline.
If you think he has taken off, you can't just ttrash his stuff. Theres a way to deal with that.
Yes you can ask a judge to garnish his wages but that is a separate court action only after you get the judgment for money damages.
I wouold give him at least 24 hour notice before entering the property but you better have a reason.
hope that helps you some what
Thanks Douglas , Property is in Tyngsboro,MA. WHat are the valid reason for entering . Does plan to sell my property and enter to see current condition , check on house condition since i have not seen property condition is while and i plan to relist my property for new rental are these good. Any other valid idea you can provide will be helpful