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Sam Waitkevich
  • Rental Property Investor
  • Georgetown, TX
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New property owner with complicated eviction

Sam Waitkevich
  • Rental Property Investor
  • Georgetown, TX
Posted

I recently closed on my first multi family property in Worcester MA. I purchased it with an owner occupied loan, and the property was sold to me fully rented. My second floor tenant is a TAW, I closed on November 30th 2020, and that day issued him a notice to quit that I would not be renewing his month to month agreement. Being close to the holidays and with covid going on I also offered him $2000 and not to pay rent so he'd have extra money to find a new apartment. Per my loan agreement I need to be living on the property within 60 days, here where are a the end of January and he know has changed his mind and decided not to leave the property and also not to pay rent. His job has not been affected by covid and paying rent is not an issue for him. Is there any legal action I can take to get him out of the property? None of our agreements where in writing it was all verbal, a definite mistake on my part.

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Jonathan Bombaci
#5 Real Estate Events & Meetups Contributor
  • Real Estate Agent
  • Lowell, MA
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Jonathan Bombaci
#5 Real Estate Events & Meetups Contributor
  • Real Estate Agent
  • Lowell, MA
Replied

Contact an eviction attorney on next steps. They can get you rent $ through mitigation st the courts but they won’t enforce a notice to vacate at this point and time in MA. I have a great eviction attorney that does all of our evictions in Worcester county if your interested I can pass along a referral. 
from a loan standpoint you did your part in trying to occupy the property, the bank won’t take the property back.

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