We are dealing with an issue in one of our rentals where the tenant moved out and illegally subletted the unit to a subtenant who has been nothing but problems. We recently discovered that the unit was being subletted and now need to get the subtenant out.
Can anyone recommend a good attorney in the Greater Boston area that handles stuff like this?
It sounds like a fairly simple eviction process. Tenant at Will or are they on a lease? Assuming a lease and assuming your lease does not allow for subletting, simply send an eviction notice to "your tenant", et al (meaning and all other occupants). Seven day notice to quit. Have a constable serve the notice. If they leave great, if not, you file for Summary Process in Housing Court the next day. You'll have a hearing within a couple weeks and you state your case. What kinds of problems are they causing? Have you contacted either your tenant or their subtenant? Are they behind on their rent?
@Garrett Hogan You're welcome to call the Junkyard Dog of Eviction Attorneys 781-593-4146
and by the way he's speaking at out MassRealEstate.net meeting next Tuesday.
@Rob Beland Good start. We had the Housing Court Judge speak to us in December with their Mediators. I believe it's a 14 day Notice to Quit. and they don't do the "et al" or "Any and all occupants" like I used to. You need to name them.
Thank you @Mike Hurney for your update. As much as I appreciate the reference to the professional wrestler I emulated as a pre-teen, I will focus on my record and experience in housing court. Fourteen days is for non-payment of rent. Seven days is for violation of a specific lease provision as far as Im aware. I may need to double check.
@Rob Beland Good luck. If you go to the Housing Mediators in advance to speak about your situation, they'll find out what a great, conscientious and helpful Landlord you are. Plus you'll get the rules and regs from the source!
Each time, which is very rare, that I go to Housing Court, they "coach" my Tenants on:
Is the Security Deposit held correctly?
How's the property owned?
Yes @Mike Hurney I just went through mediation. It was for that reason so I can show the judge Im making an effort. I give one chance then I stop being nice. And I actually don't even collect security deposits anymore. I dont want the hassle. Not the best advice for new landlords but there is a lot of advice I give to people that I don't follow myself.
Thanks for the response Mike and Rob.
We actually served the tenant a 14 day notice to quit due to unpaid rent, but they cured it on time. Sounds like we need to send them a 7 day notice to quit since they are subletting and its specifically prohibited in the lease. Lease is up Aug. 1 so they are not TAW.
@Mike Hurney can you pm attorney name and contact info.
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