All
Members
Companies
Blog
Forums
Podcast
Webinars
    User Log in  /  Sign up
  • Forums
    Newest Posts Trending Discussions Followed Forums Real Estate News & Current Events General Landlording & Rental Properties Buying & Selling Real Estate Deal Analysis See All
  • Education

    Read

    BiggerPockets Blog BPInsights: Expert Analysis Coronavirus Content & Resources Guides Glossary Reviews Member Blogs

    Watch

    Webinars Video Library Financial Independence Blueprint Intro to Real Estate: Rentals

    Listen

    BiggerPockets Real Estate Podcast BiggerPockets Money Podcast BiggerPockets Business Podcast Real Estate Rookie Podcast Daily Podcast (Audio Blog)

    Topics

    Business Operations Finance Finding Deals Property Management Property Types Strategy
  • Network

    Recommended Vendors

    Real Estate Agents Mortgage Lenders Companies Hard Money Lenders Contractors Investment Companies

    Search

    Members Events Jobs
  • Tools

    Calculators

    Rental Property Fix and Flip BRRRR Rehab Estimator
    Wholesaling Mortgage Payment 70% Rule Airbnb

    Services

    BPInsights: Property Insights Tenant Screening Property Management Lease Agreement Packages

    New Feature

    BPInsights (beta)

    Quickly analyze a property address or ZIP Code to compare your rent in your neighborhood.

    Analyze a property
  • Find Deals
    Real Estate Listings Find Foreclosures External Link Ads, Jobs, and Other
  • Bookstore

    Real Estate Books

    Profit Like The Pros Bidding to Buy See all books

    Featured Book

    BiggerPockets Wealth Magazine book cover
    BiggerPockets Wealth Magazine

    Written by financial journalists and data scientists, get 60+ pages of newsworthy content, expert-driven advice, and data-backed research written in a clear way to help you navigate your tough investment decisions in an ever-changing financial climate! Subscribe today and get the Oct/Nov issue delivered to your door!

    Get the Magazine
  • Pricing
Log In Sign up
User
Quick search links
Podcast Hard Money Lenders Books Washington
ForumsArrowGeneral Landlording & Rental PropertiesArrowLegal Questions: Need to evict our roommate in Massachusetts
  • Newest Posts
    • Newest Posts
    • Unanswered Discussions
  • Trending
    • Top Discussions
    • Trending Discussions
  • Browse Forums
Search Nova
Topic: 1031 Exchanges Topic: Akron Real Estate Forum Topic: Alabama Real Estate Q&A Discussion Forum Topic: Alaska Real Estate Q&A Discussion Forum Topic: Alberta Real Estate Forum Topic: Albuquerque Topic: Allentown Real Estate Forum Topic: Anchorage Real Estate Forum Topic: Ann Arbor Topic: Arizona Real Estate Q&A Discussion Forum Topic: Arkansas Real Estate Q&A Discussion Forum Topic: Arlington Real Estate Forum Topic: Asheville NC Real Estate Forum Topic: Ask About A Real Estate Company Topic: Athens Real Estate Forum Topic: Atlanta Real Estate Forum Topic: Aurora Real Estate Forum Topic: Aurora Real Estate Forum Topic: Austin Real Estate Forum Topic: Bakersfield Real Estate Forum Topic: Baltimore Real Estate Forum Topic: Bankers, Lenders, and Mortgage Brokers Topic: Baton Rouge Real Estate Forum Topic: Beaverton Real Estate Forum Topic: BiggerPockets Business Podcast Topic: BiggerPockets Exclusive PRO Area Topic: BiggerPockets Money Podcast Topic: BiggerPockets Real Estate Investing Summit Topic: BiggerPockets Summer Reading List Topic: BiggerPockets Webinar Discussion Forum Topic: Billings Real Estate Forum Topic: Birmingham Real Estate Forum Topic: Bismarck Real Estate Forum Topic: Boise Real Estate Forum Topic: Boston Real Estate Forum Topic: Bridgeport Real Estate Forum Topic: British Columbia Real Estate Forum Topic: BRRRR - Buy, Rehab, Rent, Refinance, Repeat Topic: Buying & Selling Real Estate Discussion Topic: California Real Estate Q&A Discussion Forum Topic: Cambridge Real Estate Forum Topic: Canadian Real Estate Topic: Cape Cod Real Estate Forum Topic: Cape Coral Real Estate Forum Topic: Casper Real Estate Forum Topic: Cedar Rapids Real Estate Forum Topic: Chandler Real Estate Forum Topic: Charleston Real Estate Forum Topic: Charleston Real Estate Forum Topic: Charlotte Real Estate Forum Topic: Chattanooga Real Estate Forum Topic: Chesapeake Real Estate Forum Topic: Cheyenne Real Estate Forum Topic: Chicago Real Estate Forum Topic: Chittenden County Real Estate Forum Topic: Cincinnati Real Estate Forum Topic: Cleveland Real Estate Forum Topic: Coastal NC Real Estate Forum Topic: Colorado Real Estate Q&A Discussion Forum Topic: Colorado Springs Real Estate Forum Topic: Columbia Real Estate Forum Topic: Columbia Real Estate Forum Topic: Columbus Real Estate Forum Topic: Columbus Real Estate Forum Topic: Commercial Real Estate Investing Forum Topic: Completed Deal Diaries Topic: Connecticut Real Estate Q&A Discussion Forum Topic: Construction & Remodeling Diaries Topic: Contractors Topic: Conway Real Estate Forum Topic: Coronavirus Conversation Topic: Coronavirus Government Assistance Programs Topic: Creative Real Estate Financing Forum Topic: Currently Under Contract Topic: Dallas Real Estate Forum Topic: Davenport Real Estate Forum Topic: Dayton Real Estate Forum Topic: Delaware Real Estate Q&A Discussion Forum Topic: Denver Real Estate Forum Topic: Des Moines Real Estate Forum Topic: Detroit Real Estate Forum Topic: Do it Yourself Topic: El Paso Real Estate Forum Topic: Eugene Real Estate Forum Topic: Evansville Real Estate Forum Topic: FAQ Forum Topic: Fargo Topic: Fayetteville Real Estate Forum Topic: First Time Home Buyer Topic: Florida Real Estate Q&A Discussion Forum Topic: Foreigners Buying in the USA Topic: Fort Collins Real Estate Forum Topic: Fort Lauderdale Real Estate Forum Topic: Fort Smith Real Estate Forum Topic: Fort Wayne Real Estate Forum Topic: Fort Worth Real Estate Forum Topic: Fresno Real Estate Forum Topic: General Foreclosure & Pre-Foreclosure Forums Topic: General Landlording & Rental Properties Topic: General Real Estate Investing Topic: Georgia Real Estate Q&A Discussion Forum Topic: Germantown Real Estate Forum Topic: Get Foreclosure Help - Stop Foreclosure Forum Topic: Gilbert Real Estate Forum Topic: Glendale Real Estate Forum Topic: Goals, Business Plans & Entities Topic: Grand Rapids Real Estate Forum Topic: Green Bay Topic: Greensboro Real Estate Forum Topic: Hammond Real Estate Forum Topic: Hartford Real Estate Forum Topic: Hawaii Real Estate Q&A Discussion Forum Topic: Henderson Real Estate Forum Topic: Hialeah Real Estate Forum Topic: Hilo Real Estate Forum Topic: Home Owner Association (HOA) Issues & Problems Forum Topic: Honolulu Real Estate Forum Topic: Housing News & Real Estate Market Discussions Topic: Houston Real Estate Forum Topic: HUD, VA, and Tax Sales Topic: Huntington Real Estate Forum Topic: Huntsville Real Estate Forum Topic: Idaho Falls Real Estate Forum Topic: Idaho Real Estate Q&A Discussion Forum Topic: Illinois Real Estate Q&A Discussion Forum Topic: Indianapolis Real Estate Forum Topic: Indiana Real Estate Q&A Discussion Forum Topic: Innovative Strategies Topic: Interest Rate Drops Topic: International Real Estate Topic: Investor Deal Diaries Topic: Investor Psychology Topic: Iowa Real Estate Q&A Discussion Forum Topic: Jackson Real Estate Forum Topic: Jacksonville Real Estate Forum Topic: Jersey City Real Estate Forum Topic: Job Loss/Company Closings Topic: Joliet Real Estate Forum Topic: Jonesboro Real Estate Forum Topic: Kailua Real Estate Forum Topic: Kānèohe Real Estate Forum Topic: Kansas City Real Estate Forum Topic: Kansas City Real Estate Forum Topic: Kansas Real Estate Q&A Discussion Forum Topic: Kentucky Real Estate Q&A Discussion Forum Topic: Knoxville Real Estate Forum Topic: Lakewood Real Estate Forum Topic: Landlord Problem Solving Topic: Las Cruces Real Estate Forum Topic: Las Vegas Real Estate Forum Topic: Lewiston Real Estate Forum Topic: Lexington-Fayette Real Estate Forum Topic: Lincoln Real Estate Forum Topic: Little Rock Real Estate Forum Topic: Local Real Estate Networking Topic: Long Beach Real Estate Forum Topic: Long Island Real Estate Forum Topic: Los Angeles County Real Estate Forum Topic: Louisiana Real Estate Q&A Discussion Forum Topic: Louisville Real Estate Forum Topic: Madison Real Estate Forum Topic: Maine Real Estate Q&A Discussion Forum Topic: Managing Your Property Topic: Manchester Real Estate Forum Topic: Manitoba Topic: Marketing Your Rental Topic: Marketplace Topic: Maryland Real Estate Q&A Discussion Forum Topic: Massachusetts Real Estate Q&A Discussion Forum Topic: Meads Real Estate Forum Topic: Memphis Real Estate Forum Topic: Meridian Real Estate Forum Topic: Mesa Real Estate Forum Topic: Miami Topic: Michigan Real Estate Q&A Discussion Forum Topic: Military Investing Topic: Milwaukee Real Estate Forum Topic: Minneapolis Real Estate Forum Topic: Minnesota Real Estate Q&A Discussion Forum Topic: Mississippi Real Estate Q&A Discussion Forum Topic: Missoula Real Estate Forum Topic: Missouri Real Estate Q&A Discussion Forum Topic: Mobile (Alabama) Real Estate Forum Topic: Mobile Homes & Mobile Home Park Investing Topic: Modesto/Merced Real Estate Forum Topic: Montana Real Estate Q&A Discussion Forum Topic: Montgomery Real Estate Forum Topic: Mortgage Payment Suspension Topic: Mt. Pleasant Real Estate Forum Topic: Multi-Family and Apartment Investing Forums Topic: Nampa Real Estate Forum Topic: Naperville Real Estate Forum Topic: Nashville Real Estate Forum Topic: Nebraska Real Estate Q&A Discussion Forum Topic: Nevada Real Estate Q&A Discussion Forum Topic: Newark Real Estate Forum Topic: New Brunswick Real Estate Forum Topic: Newfoundland and Labrador Real Estate Forum Topic: New Hampshire Real Estate Q&A Discussion Forum Topic: New Haven Real Estate Forum Topic: New Jersey Real Estate Q&A Discussion Forum Topic: New Member Introductions Topic: New Mexico Real Estate Q&A Discussion Forum Topic: New Orleans Real Estate Forum Topic: New York City Real Estate Forum Topic: New York Real Estate Q&A Discussion Forum Topic: Norfolk Real Estate Forum Topic: North Carolina Real Estate Q&A Discussion Forum Topic: North Dakota Real Estate Q&A Discussion Forum Topic: Northwest Territories Real Estate Forum Topic: Norwalk Real Estate Forum Topic: Nova Scotia Real Estate Forum Topic: Nunavut Real Estate Forum Topic: Oakland Real Estate Forum Topic: Off-Topic Topic: Ogden Topic: Ohio Real Estate Q&A Discussion Forum Topic: Oklahoma City Real Estate Forum Topic: Oklahoma Real Estate Q&A Discussion Forum Topic: Omaha Real Estate Forum Topic: Ontario Real Estate Forum Topic: Orange County Real Estate Forum Topic: Oregon Real Estate Q&A Discussion Forum Topic: Orlando Real Estate Forum Topic: Overland Park Real Estate Forum Topic: Pearl City Real Estate Forum Topic: Pennsylvania Real Estate Q&A Discussion Forum Topic: Peoria Real Estate Forum Topic: Personal Finance Forum Topic: Philadelphia Real Estate Forum Topic: Phoenix Real Estate Forum Topic: Pittsburgh Real Estate Forum Topic: Pocatello Real Estate Forum Topic: Portland Real Estate Forum Topic: Portland Real Estate Forum Topic: Prince Edward Island Real Estate Forum Topic: Private Lending & Conventional Mortgage Advice Topic: Property Insurance Questions & Discussions Topic: Providence Real Estate Forum Topic: Provo Real Estate Forum Topic: Quad Cities Real Estate Forum Topic: Quebec Real Estate Forum Topic: Questions About BiggerPockets and Official Site Announcements Topic: Raleigh Real Estate Forum Topic: Rapid City Real Estate Forum Topic: Real Estate Agent Forums Topic: Real Estate Crowdfunding Forums Topic: Real Estate Deal Analysis and Advice Topic: Real Estate Development & New Home Construction Topic: Real Estate Events and Happenings Topic: Real Estate Guru, Book & Course Reviews and Discussions Topic: Real Estate Investor Marketing Help & Advice Topic: Real Estate News & Current Events Topic: Real Estate Not-So-Successful Stories Topic: Real Estate Quizzes Topic: Real Estate Rookie Podcast Topic: Real Estate Success Stories Topic: Real Estate Technology, Social Media & Blogging Topic: Real Estate Wholesaling Questions & Answers Topic: Rehabbing and House Flipping Topic: Reno Real Estate Forum Topic: Renters Discussion Topic: Rent to Own a.k.a. Lease Purchase, Lease Options Topic: REOs Topic: Rhode Island Real Estate Q&A Discussion Forum Topic: Richmond Real Estate Forum Topic: Rio Grande Valley Real Estate Forum Topic: Riverside Real Estate Forum Topic: Rochester Real Estate Forum Topic: Rockford Real Estate Forum Topic: Sacramento Real Estate Forum Topic: Saint Paul Real Estate Forum Topic: Salem Real Estate Forum Topic: Salt Lake City Real Estate Forum Topic: San Antonio Real Estate Forum Topic: San Diego Real Estate Forum Topic: Sandy Springs Real Estate Forum Topic: San Francisco Real Estate Forum Topic: San Jose Real Estate Forum Topic: San Luis Obispo Real Estate Forum Topic: Santa Fe Real Estate Forum Topic: Saskatchewan Real Estate Forum Topic: Savannah Real Estate Forum Topic: Scottsdale Real Estate Forum Topic: Seattle Real Estate Forum Topic: Short Sales Questions Topic: Short-Term and Vacation Rental Discussion Topic: Shreveport Real Estate Forum Topic: Sioux City Real Estate Forum Topic: Sioux Falls Real Estate Forum Topic: South Bend Real Estate Forum Topic: South Carolina Real Estate Q&A Discussion Forum Topic: South Dakota Real Estate Q&A Discussion Forum Topic: Southeast NC Real Estate Forum Topic: Spokane Real Estate Forum Topic: Springdale Real Estate Forum Topic: Springfield Real Estate Forum Topic: Stamford Real Estate Forum Topic: Starting Out Topic: St. Louis Real Estate Forum Topic: Stockton Real Estate Forum Topic: St. Petersburg Real Estate Forum Topic: STR Strategies Under Travel Restrictions Topic: Surprise Real Estate Forum Topic: Tacoma Real Estate Forum Topic: Tallahassee Real Estate Forum Topic: Tampa Real Estate Forum Topic: Tax, Legal Issues, Contracts, Self-Directed IRA Topic: Tax Liens, Notes, Paper, & Cash Flows Discussion Topic: Tempe Real Estate Forum Topic: Tenant Screening Topic: Tennessee Real Estate Q&A Discussion Forum Topic: Texas Real Estate Q&A Discussion Forum Topic: Thornton Real Estate Forum Topic: Toledo Real Estate Forum Topic: Topeka Real Estate Forum Topic: Tucson Real Estate Forum Topic: Tulsa Real Estate Forum Topic: Tuscaloosa Real Estate Forum Topic: Upstate New York Real Estate Forum Topic: Utah Real Estate Q&A Discussion Forum Topic: Vancouver Real Estate Forum Topic: Vermont Real Estate Q&A Discussion Forum Topic: Virginia Beach Real Estate Forum Topic: Virginia Real Estate Q&A Discussion Forum Topic: Waipahu Real Estate Forum Topic: Waipahu Real Estate Forum Topic: Warren Real Estate Forum Topic: Warwick Real Estate Forum Topic: Washington D.C. Real Estate Q&A Discussion Forum Topic: Washington Real Estate Q&A Discussion Forum Topic: Waterbury Real Estate Forum Topic: Westchester County Real Estate Forum Topic: Western NC Real Estate Forum Topic: West Gulfport Real Estate Forum Topic: West Virginia Real Estate Q&A Discussion Forum Topic: Wichita Real Estate Forum Topic: Wilkes Barre Scranton Real Estate Forum Topic: Wilmington Real Estate Forum Topic: Wisconsin Real Estate Q&A Discussion Forum Topic: Worcester Real Estate Forum Topic: Wyoming Real Estate Q&A Discussion Forum Topic: Yukon Real Estate Forum
Create post

Legal Questions: Need to evict our roommate in Massachusetts

8 Replies

  • Share on Facebook
  • Share on Twitter
  • Share on LinkedIn
Rotate Log in or sign up to reply
user profile avatar
  • Posts 8
  • Votes 5

Account Closed

posted 11 months ago

My Fiance and I own a single family home and rent two upstairs bedrooms out to two roommate/tenants on month-to-month leases.  We did not collect security deposits from either tenant, and instead wrote up explicit "month-to-month" tenant agreements which they both signed stating that no deposit was accepted.  We have had one of the tenants for some time and while she drives us crazy, when corrected she does make an effort to follow the rules of the house.  A few months ago we accepted a second roommate, ignoring some red flags on her rental history because we needed the extra monthly income. We have learned that she was (possibly still is) suing her previous landlord.  This leads us to believe that she has the potential of being actively vindictive when she is not happy in her living situation. 

This morning my alarm clock woke her up (through the walls and ceiling as her bedroom is a floor above mine) and I was 'too slow' to turn it off so she barged into my private bedroom just as I was hitting the button.  She then slammed my door aggressively, stomping all the way up to her room and slamming that door as well.  I texted her as I was headed out of the house that slamming doors in anger would not be tolerated under any circumstance and that I would buy a vibrating alarm if it was that problematic for her.  She doubled down asserting that I'm disrespectful for waking her up with my alarm repeatedly and demanding a roommate meeting.  She did seem to understand that it was not up for discussion so I let her know that if she did not like my solution and couldn't get in line with not slamming doors she could leave.  She sent out a group text summoning a roommate meeting to discuss issues her and our first roommate have. 

I spoke to my first roommate who claims she has no issues and only wanted to talk about upcoming vacation schedules and about upcoming renovation plans.  We feel that roommate 2 is looking for reinforcement to continue to discuss this mornings disagreement from the other roommate and we have no patience to sit around and talk about our 'feelings' about the matter.  I also don't care to troubleshoot other newer problems she has chosen to air now because I want her out of my house after how she spoke to me this morning.  I asked her what 'other issues' need to be addressed and she responded by accusing me of being 'verbally abusive' with my 'tone' (via text conversation) and that I was inappropriately 'badgering' her to tell me *now* what she wanted to discuss requiring a house meeting.  She then said that it was her right to call a meeting and that she is 'disappointed' I wont hear the 'complaints of (my) tenant*s*' asserting explicitly they both have 'issues' to raise.  She has lived with us a very short time (4 months) and leaves dishes in the sink, burns incense (had to be asked twice to stop), cleaned the shared bathroom once after being asked, and has never bought any paper products as indicated on her roommate agreement.  For the most part it's been fine but her performance this morning and rental history tell us it's not a good fit.  She seems too eager for a fight.  Her condescending attitude and the fact that it seems as though she is trying to create large issues where there are none have really soured our impression of her and I want her gone.  It's my house and she is month to month so I don't think I need much in terms of justifying that it just isn't working out. 

In the process of telling her it was not working out she told us in the group text that her 'decision has been made' after I had 'denied (her) a meeting' and that she would 'let (us) know when (she) found another place to live'.  Sounds good to us!  The problem: we do not want her hanging around until she finds another place because it could be 6 months from now for all we know.  I have a feeling she will try to find problems with the house the longer she stays as we are doing some construction and as mentioned it's an old house in the meantime to seek legal action as she did with her former landlord over code violations she finds or creates while living in the house.  I'm uncomfortable living with her and want her out as soon as possible to avoid any argument she might try to make in housing court.  

My specific questions are: 

-Where do I find out what her legal rights are as a roommate in an expressively month-to-month agreement with no deposit in a home that we own and occupy with tenants?  The Massachusetts laws I am aware of deal more particularly with rental properties that are not jointly occupied by the landlords.  
-What are the best options for removing her without legal retaliation?  My concern is that if we wait until she leaves on her own accord as she threatened, and we end up needing her out faster she will be able to say we are being retaliatory.  I'm inclined to provide her with a formal letter ending her month-to-month agreement and letting her know she is being asked to leave so that she cannot stretch the date out longer or claim that she gave notice when she was actually asked to leave.  
-Are we obligated to comply with her request to have a 'meeting' to prove cooperativeness or can we just tell her it's not a good fit and let that be reason enough to ask her to leave?  
-She paid rent for Feb already so I interpret that to mean she needs to be completely out by the end of March.  If she leaves anything behind we are obligated to put it in a storage unit at our own expense?  
-Do I have enough grounds for eviction?  

I actually feel really bad about forcing her out without having a backup place to live but I really just don't trust her and feel we are putting ourselves at risk by being too lenient.  

We knowingly took the risk of being in this situation by giving her the benefit of the doubt despite bad rental history upon signing the tenancy agreement because we needed the additional income.  Now what is the best way to end her tenancy?  

Rotate Log in or sign up to reply
user profile avatar
Check Rosette Top Subjects:
Team, Taxes & Accounting, and Rentals
  • Posts 1.6K
  • Votes 2.1K

Greg Scott
Rental Property Investor from SE Michigan

replied 11 months ago

Too much drama.  Best to keep the emotion out of it as much as possible.

In most jurisdictions, a month-to-month tenancy can be terminated with 30 days notice.  Give her a letter terminating tenancy at the end of March and be done.  You don't need to give a reason.   It's probably better not to try as it will create more drama.

Tenant screening is cheap to do upfront but potentially costly if not done.  Also, a security deposit protects you and keeps out the truly deadbeat tenants.  Please do both next time.

Rotate Log in or sign up to reply
user profile avatar
  • Posts 149
  • Votes 54

Steve Smithy
from Boston, MA

replied 11 months ago

My personal opinion is that any way to NOT involve courts on this is going to be faster/cheaper/better for you.  MA has very tenant friendly laws and people can try to game the system as much a possible, I've heard some horror stories from friends of friends about bad tenants that were able to stay in an apartment for over a year WITHOUT PAYING RENT!

The good news is, you live in the space with this roommate, so a judge will be more lenient with you as this person is directly impacting your home/life.  But this will take time, months most likely, before you get to court.  You'd have to file an eviction notice and you can find lots of other people talking about how to do that here.  During this time she might not pay rent either.  In the future you might not want to bother with a roommate rental agreement because without that agreement you could evict almost immediately!

But in the real world, any way you can get this person out of your house sooner is better for you.  I'd try to not offer money or anything unless a last resort because once they learn they can get money from you they will likely try to extort more.  Playing the social justice crap of roommate meetings to talk about stuff that doesn't matter makes me think this person is likely to try to play games.

You might try to be helpful and do some searching for/with them, print out listings that are in the price range as what she is paying you, etc.  Just phrase it so it comes across as helpful and not get-out-of-my-house sort.  Hope it helps!

Rotate Log in or sign up to reply
user profile avatar
Check Rosette Top Subjects:
Rentals, Team, and Single Family
  • Posts 1.6K
  • Votes 1.5K

Nicole Heasley
Real Estate Consultant from Youngstown, OH

replied 11 months ago

I also did month-to-month leases when I hacked a SFH for this exact reason. Provide her with a 30 day notice IN WRITING. E-mail and hard copy. Retain records of these notices. While you're at it, retain records of all your interactions with her. I would call your local housing department to figure out what her legal rights are and what yours are as well. Then I'd consult an attorney.

Rotate Log in or sign up to reply
user profile avatar
  • Posts 138
  • Votes 57

Howard Herrington
Real Estate Agent from North Smithfield, RI

replied 11 months ago

Burgundy, I would still consult an attorney just to get an idea of what rights you have as well as the roomate.  It should not cost you anything for a consultation but you should have an idea of the legal ramifications.  

Rotate Log in or sign up to reply
user profile avatar
  • Posts 25
  • Votes 9

Thomas J. Budka
New to Real Estate from Massachusetts

replied 11 months ago

@Account Closed I would definitely consult an attorney. It may cost money, but it will be done right without violating any civil or criminal laws.

Rotate Log in or sign up to reply
user profile avatar
  • Posts 8
  • Votes 5

Account Closed

replied 11 months ago

Thank you all for your participation in this post.  I have been keeping a low profile in the community for sometime but today I'm finding a lot of value in active discussion.

I did consult with a local attorney and @Howard Herrington @Thomas J. Budka and thank you for pushing me in that direction.  I was really surprised that I received a free phone consultation (as @Howard Herrington predicted).  

What troubles me is that he did not seem to put any weight on the fact that we live in the home with this woman.  In truth, we knew there were red flags with her rental history but we forged ahead thinking we had some additional protection because we share common areas with her.  As @Steve Smithy pointed out it might help us with sympathy from a judge if it raises to the level of housing court, but at that point she will have already have had a potentially free ride for months.  EEk. 

  
The attorney I spoke with laid out two paths: 
Option A, we give her formal notice without cause. Just let her know that it is no longer working out and because we are month-to-month (at-will), hopefully she will just head out.  

Option B, we find a 'cause' to have her removed such as something that has been violated in the roommate agreement.  She has not paid for any paper products in her four months living with us. I know this seems petty but it is a technical violation of her contract.  Rude behavior such as slamming doors does not breach our agreement.  

In either scenario she may (and from her history probably will try) to contact code enforcement to find something out of compliance. It should not be incredibly hard to do as it's an older New England home. The house qualified for the Mass Housing Partnership (MHP) loan two years ago, which has similar conditions/criteria to FHA at purchase. They ensure to a degree that the house has some basic code compliance in order to secure the mortgage. How much more stringent is code enforcement? Hopefully I wont find out!

Now, If I give her a 30 day notice tomorrow for cause of breaching her agreement by not purchasing paper goods (imagined scenario) and she decides to call in code enforcement they could find faults that she might argue out weight the monetary value of the paper products.  How much pocket change does toilet paper cost?  If she can claim something that would monetarily outweigh the pocket change for T.P. then she would feasibly be able to stay in our shared home indefinitely.  Even with the Massachusetts tenant friendly courts this seems outrageous.  

We are planning to write her a formal 30 day notice and try to keep things civil but friendly and to the point until she leaves.  We thought about letting her leave on her own terms but I'm still too worried that the longer she stays the more opportunity she will have to extort as others have cautioned. 

The advice I had been given in a Landlord course and by a family member were to avoid a security deposit because there are too many opportunities to make an error and wind up in housing court for getting it 'wrong'.  I recently learned that even collecting first and last follows similar guidelines where we should be opening a separate account to allow for interest etc.  

We chose not to rent to 'friends' so that we could remove people easier.  We still probably should have waited for better roommate prospects before settling on this one though.  Hindsight is 20:20.  

Warmly,
Burgundy

 

Rotate Log in or sign up to reply
user profile avatar
  • Posts 114
  • Votes 131

Ryan B.
Investor from Indianapolis, Indiana

replied 11 months ago

@Account Closed give the notice without cause. If you give it for cause, especially for something trivial, a judge may allow her to cure it and continue living there.

Rotate Log in or sign up to reply
user profile avatar
Check Rosette Top Subject:
Maintenance
  • Posts 5.2K
  • Votes 2.4K

Colleen F.
Investor from Narragansett, Rhode Island

replied 11 months ago

Give notice without cause.  Don't get into a discussion it is enough to repeat, it is not working out.  Don't get into the reasons and drama.  Like a broken record all of you should just say it isn't working out. Good luck in your next place.   Then if you have to because they don't leave get an eviction attorney.  Don't forget to change the locks when she is out. 

As for a new roommate while traditional screening is important you might be better off with someone with a lower credit score (due to lack of history) that you personally feel you can get along with.  Consider getting a deposit too and adding paper products to the rent.  There are a lot of people looking for rooms if you are in a decent area in MA.  


Rotate Log in or sign up to reply
  • 1
Related Resources General Landlording & Rental Properties
Have Top-Notch Tenants? Here’s How to Keep Them
5 Essential Property Maintenance Tasks To Keep Your Rental in Tip-Top Shape
Rental Arbitrage: The Secret to Making a Fortune on Airbnb Without Owning Property
8 Reasons the Best Landlords Always E-Sign Rental Agreements
6 Tips for Listing Your Rental Property Online
Resources Read, see, and learn more!
Link Real Estate Investment Calculators
Link BiggerPockets Blog
Link Path to Purchase
Link Mortgage Loans
Link Find a Contractor
Link Real Estate Agents
Link Hard Money Lenders
Link Real Estate Listings

Top Contributors

Nathan G.
Nathan G.
Cody, WY
9.76
Score
Supada L.
Supada L.
6.9
Score
Joe Villeneuve
Joe Villeneuve
Plymouth, MI
5.87
Score
Bjorn Ahlblad
Bjorn Ahlblad
Shelton, WA
5.36
Score
Joe Splitrock
Joe Splitrock
Sioux Falls, SD
5.09
Score

General Landlording & Rental Properties Trending Discussions

  • Renting to a Instagram star?
    33 Replies
  • New Landlords, Inherited tenants, Upcoming renewal
    21 Replies
  • Must itemize to claim rental losses on schedule E?
    27 Replies
  • Is the Security of a Free & Clear Property Real?
    11 Replies
  • First rental turned out to be negative cash flowed.
    189 Replies
Log in Sign up

Log in

Forgot password?

If you signed up for BiggerPockets via Facebook, you can log in with just one click!

Log in with Facebook

Or
btn_google_dark_normal_ios Created with Sketch. Continue with Google

Let's get started

We just need a few details to get you set up and ready to go!

Use your real name

Use at least 8 characters. Using a phrase of random words (like: paper Dog team blue) is secure and easy to remember.

By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.

Or
btn_google_dark_normal_ios Created with Sketch. Continue with Google

Why create an account?

Receive a free digital download of The Ultimate Beginner's Guide to Real Estate Investing.

Connect with 1,000,000+ real estate investors!

Find local real estate meetups and events in your area.

Start analyzing real estate properties, we do the math for you.

It's free!

Explore

  • Membership
  • Community
  • Education
  • Marketplace
  • Tools
  • FilePlace
  • REI Resources
  • Perks
  • Glossary
  • Reviews
  • iOS App
  • Android App

Company

  • About Us
  • Press
  • Advertising
  • Careers
  • Stats
  • Contact Us

Important

  • Editorial Guidelines
  • Terms of Use
  • Rules
  • Privacy
  • FAQ

Social

  • Facebook
  • Twitter
  • YouTube
  • Instagram
© 2004-2021 BiggerPockets, LLC. All Rights Reserved.