Evicting a tenant right after buying the house

Evicting a tenant right after buying the house

Investor · Newton, MA · Member since 2009 · 69 posts · 19 votes

I just purchased a triplex in Dorchester with 2 tenants in it. One of the tenants reached out to me, and what started as a friendly conversation quickly escalated out of control. The tenant first mentioned issues she reported with the unit to the previous landlord, I wrote them down and said I'd take care of them (mostly small pest control problems). As conversation continued, the tenant's aggression towards previous landlord quickly turned into aggression towards me.

I was accused of not reaching out to the tenant to speak to her prior to the purchase (without having any contact info for her), of not being aware of the minor problems she just told me about in the property I owned for all of 3 days, and then of not sympathizing enough with her situation of being a single mother (why she even brought this up is beyond me). I thanked her for the info and said I would see what I can do, trying to avoid confrontation.

She then mentioned that the building has a long history of city violations (all reported by her), and that it's her right to report all of them because I should be grateful that Section 8 is paying me (below market) for her to live there (she pays nothing). She then claimed that she is studying for a law degree and therefore knows her rights. She also mentioned that she hates the neighborhood and wants to move, immediately following up with "but you would have to pay me to move" (she is clearly aware of the concept of cash-for-keys since she brought it up without me asking). She also refused to provide the contact info for her case worker until I give her my email (even though she has been texting me everything else). I'm not sure why she needs my email, but I'm no longer comfortable with her having it.

The conversation made it clear that this is not a tenant I'm interested in keeping. She has entitlement mentality, victim mentality, and a host of other issues. Moreover, her obsession with local laws and abusing them is not something I want to deal with. Today I talked to her case worker (got his contact info from Boston Housing directly) and he mentioned that I'm allowed to serve her with a 30-day notice to quit immediately because I'm a new landlord. I'm confused how this is different from the regular 30-day notice to quit that any landlord can serve? Does being a new landlord of the building give me more rights when getting old tenants out? Can I get her out quickly?

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Boston, MA · Member since 2012 · 100 posts · 54 votes
9y

 Congratulations Welcome to the Dorchester Area! What does the lease say?Is she currently on a month to month lease? If she is M2M serve her immediately. Try to get her out as quickly as possible before the winter months. I have a great guy who handles pest for a great price. Let  me know if you are interested

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  • Real Estate Agent · Boston, MA · Member since 2016 · 65 posts · 32 votes
    9y

    Wow. I've heard of that instant 30-day after you buy it, but I would consult your attorney. No need to get into it with this one. Especially if she knows her rights and is a bad conversation away from being a professional tenant. Even thought section 8 pays all of her rent, taking her to court can be super-expensive. Based on experiences my clients have had, I would rather give her cash for keys right away rather than paying expensive court and attorney fees.

  • Boston, MA · Member since 2012 · 100 posts · 54 votes
    9y

     Congratulations Welcome to the Dorchester Area! What does the lease say?Is she currently on a month to month lease? If she is M2M serve her immediately. Try to get her out as quickly as possible before the winter months. I have a great guy who handles pest for a great price. Let  me know if you are interested

  • Investor · Newton, MA · Member since 2009 · 69 posts · 19 votes
    9y

    Sure, let me know his contact info. As far as serving her immediately, if she has intentionally been opening violations with the city (whether dubious or not), don't I have to close them first to avoid her claiming any retaliation?

  • China, ME · Member since 2014 · 3k+ posts · 4k+ votes
    9y

    @Alex T.  You may be a hair's breadth away from the dreaded "professional tenant".  

    First, be absolutely certain that you understand Mass. landlord/tenant laws.  Be sure you're doing EVERYTHING by the book, especially as it relates to any security deposit.  Mishandle the smaller detail and she can sue you for triple damages under MGL 93A.

    Second, I'd feel her out as to what she's looking for in terms of cash for keys.  It is most likely the fastest and cheapest ways of getting her out.

    Finally, be sure that you understand MA anti-discrimination laws.  Mass Commission Against Discrimination has been known to land hard on people who intended no actual discrimination, but said something innocent.  Your tenant can twist an otherwise innocent statement into a big flaming lawsuit.

    Remember - de-escalation is your friend.

  • Lender · Tyngsboro, MA · Member since 2009 · 3k+ posts · 2k+ votes
    9y

    Charlie is right about triple damages.  MA landlord law is nothing to mess around with if you don't know what you are doing, and it sounds like while she is studying for that degree, that she is learning how to be a professional tenant.  

    Personally, I'd use an attorney for this, even if you weren't planning on spending the money.  Making a mistake can cost you far more than the attorney will charge, especially since the tenant has essentially put you on notice that she is combative and will hold you hostage for as much as she can get.  Don't give her leverage, let the attorney handle it properly.  

    Note:  I give this advice a lot in MA, and if you were in NH, I'd suggest you use an attorney for your first one, and then do evictions yourself after that.  But MA courts and MCAD are heavy handed.

  • Mike HurneyPro Member
    Real Estate Investor · Boston, MA · Member since 2009 · 2k+ posts · 542 votes
    9y

    @Alex T. I'm surprised you didn't meet the Tenants first.

    I'm glad to give you the contact info for the "Junkyard Dog" of Eviction Attorneys who speaks at our meetings on a regular basis...

  • Member since 2016 · 13k+ posts · 12k+ votes
    9y

    You are at the very beginning of your business education. Take it slow,  learn your state laws inside out and backwards, then get rid of her.

    In the future avoid S8s and make your life as a landlord easier.

  • Walnut Creek, CA · Member since 2015 · 3k+ posts · 2k+ votes
    9y

    She probably told you the single mom thing so that she can use it against you in the future... in fact I'd bet that nearly everything she's told you was calculated for future use against you. 

    If I was you and in a situation like this, I'd let a experienced professional handle what could be a huge mess. Chalk up the costs as part of doing business and recapture them with future rents. But most importantly I'd let her know that any future contact must be through your attorney....

  • Flipper/Rehabber · eastern, WA · Member since 2017 · 35 posts · 19 votes
    9y
    I can relate to your predicament. I had a gal like that once, very entitled, and of course "had a lawyer friend"... I just took the front and rear doors off the house "to paint them" in the middle of January. She lasted another week then disappeared. Not advising you to do that, probably not legal, but it got her out...
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