Frustrated Massachusetts Landlord Seeking Advice on Dealing with Problematic Tenants

Frustrated Massachusetts Landlord Seeking Advice on Dealing with Problematic Tenants

Member since 2024 · 5 posts · 1 vote

I’m a landlord in Massachusetts, and recent events have left me extremely frustrated and disappointed with the state’s laws and regulations. I inherited a property with two tenants who don’t pay rent. It seems they were non-paying tenants even under the previous owner, who likely sold the property because of them. However I didn't know they are terrible tenants when purchasing the property.

Six months ago, I began the eviction process with the help of a lawyer. After several hearings, we reached an agreement: both parties agreed that if the tenants applied for government assistance to cover the overdue rent and committed to paying rent on time going forward, the eviction process would end. Although I wasn’t happy with this agreement because my goal is to evict them as soon as possible, my lawyer told me it was the best outcome we could achieve.

However, the tenants didn’t honor the agreement. We had to schedule another hearing, but when the tenants failed to attend, the court simply scheduled another opportunity for them. This dragged the process out even longer, making it both exhausting and expensive—I’ve already spent nearly $10,000 in legal fees. Right now I'm still waiting for next hearing. It's an endless game.

Recently, one of the tenants being evicted reported a broken heater to code enforcement and the Department of Children and Families (DCF). These agencies began calling me non-stop, demanding I fix the heater immediately and provide the tenant with hotel accommodations during the repair period—or else I’d be issued tickets and face daily fines.

I won’t go into detail about how I feel, but anyone in my situation would feel like they just swallowed a bitter pill. There are so many agencies protecting tenants—who’s protecting landlords? Is it fair to only protect one side? If landlords fail to meet their responsibilities, they’re fined immediately. But if tenants fail to pay rent, there are no penalties for them?

I know life isn’t always fair, but these laws and regulations are outright oppressive to landlords. Is there really no way to hold shameless tenants accountable?

I’m looking for advice from experienced landlords or lawyers who might have ideas on how landlords like me can deal with such situations. Whether it’s the proper legal route or unconventional methods, I’m open to any suggestions to help me get rid of these tenants sooner.

Thank you in advance.

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Rene HosmanPro Member
Rental Property Investor · Denver, CO · Member since 2024 · 583 posts · 653 votes
1y
Quote from @Michelle Wang:

I’m a landlord in Massachusetts, and recent events have left me extremely frustrated and disappointed with the state’s laws and regulations. I inherited a property with two tenants who don’t pay rent. It seems they were non-paying tenants even under the previous owner, who likely sold the property because of them. However I didn't know they are terrible tenants when purchasing the property.

Six months ago, I began the eviction process with the help of a lawyer. After several hearings, we reached an agreement: both parties agreed that if the tenants applied for government assistance to cover the overdue rent and committed to paying rent on time going forward, the eviction process would end. Although I wasn’t happy with this agreement because my goal is to evict them as soon as possible, my lawyer told me it was the best outcome we could achieve.

However, the tenants didn’t honor the agreement. We had to schedule another hearing, but when the tenants failed to attend, the court simply scheduled another opportunity for them. This dragged the process out even longer, making it both exhausting and expensive—I’ve already spent nearly $10,000 in legal fees. Right now I'm still waiting for next hearing. It's an endless game.

Recently, one of the tenants being evicted reported a broken heater to code enforcement and the Department of Children and Families (DCF). These agencies began calling me non-stop, demanding I fix the heater immediately and provide the tenant with hotel accommodations during the repair period—or else I’d be issued tickets and face daily fines.

I won’t go into detail about how I feel, but anyone in my situation would feel like they just swallowed a bitter pill. There are so many agencies protecting tenants—who’s protecting landlords? Is it fair to only protect one side? If landlords fail to meet their responsibilities, they’re fined immediately. But if tenants fail to pay rent, there are no penalties for them?

I know life isn’t always fair, but these laws and regulations are outright oppressive to landlords. Is there really no way to hold shameless tenants accountable?

I’m looking for advice from experienced landlords or lawyers who might have ideas on how landlords like me can deal with such situations. Whether it’s the proper legal route or unconventional methods, I’m open to any suggestions to help me get rid of these tenants sooner.

Thank you in advance.

I completely understand your frustration—situations like these can be incredibly challenging, both financially and emotionally. Dealing with non-paying tenants in a state like Massachusetts, which has strong tenant protections, is no small task. While the system can often feel one-sided, there are strategies you can consider to navigate this situation more effectively.

First, ensure you’re working with a lawyer experienced specifically in landlord-tenant law in Massachusetts. The nuances in state regulations require an expert who understands how to expedite the process within the legal framework. If you’re not satisfied with your current attorney’s approach, it may be worth seeking a second opinion to explore other strategies or angles you might not have considered.

Next, focus on compliance with housing codes and tenant protection agencies like DCF. While the heater issue adds extra stress, addressing it promptly will protect you from further fines and penalties. Document all your efforts, including repair invoices and communications, to show you’re acting in good faith as a landlord. This can also bolster your case if the tenants continue to act in bad faith.

If possible, explore alternative dispute resolution options like offering the tenants a cash-for-keys agreement. While it may seem unfair to offer financial incentives to problematic tenants, sometimes it’s the quickest and least costly way to regain control of your property and move forward.

Lastly, connect with local landlord associations or advocacy groups. They can offer support, share resources, and connect you with other landlords who’ve faced similar challenges. Sharing experiences and pooling knowledge might uncover creative solutions you hadn’t considered.

Cheers,
Rene

BiggerPockets
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  • Rene HosmanPro Member
    Rental Property Investor · Denver, CO · Member since 2024 · 583 posts · 653 votes
    1y
    Quote from @Michelle Wang:

    I’m a landlord in Massachusetts, and recent events have left me extremely frustrated and disappointed with the state’s laws and regulations. I inherited a property with two tenants who don’t pay rent. It seems they were non-paying tenants even under the previous owner, who likely sold the property because of them. However I didn't know they are terrible tenants when purchasing the property.

    Six months ago, I began the eviction process with the help of a lawyer. After several hearings, we reached an agreement: both parties agreed that if the tenants applied for government assistance to cover the overdue rent and committed to paying rent on time going forward, the eviction process would end. Although I wasn’t happy with this agreement because my goal is to evict them as soon as possible, my lawyer told me it was the best outcome we could achieve.

    However, the tenants didn’t honor the agreement. We had to schedule another hearing, but when the tenants failed to attend, the court simply scheduled another opportunity for them. This dragged the process out even longer, making it both exhausting and expensive—I’ve already spent nearly $10,000 in legal fees. Right now I'm still waiting for next hearing. It's an endless game.

    Recently, one of the tenants being evicted reported a broken heater to code enforcement and the Department of Children and Families (DCF). These agencies began calling me non-stop, demanding I fix the heater immediately and provide the tenant with hotel accommodations during the repair period—or else I’d be issued tickets and face daily fines.

    I won’t go into detail about how I feel, but anyone in my situation would feel like they just swallowed a bitter pill. There are so many agencies protecting tenants—who’s protecting landlords? Is it fair to only protect one side? If landlords fail to meet their responsibilities, they’re fined immediately. But if tenants fail to pay rent, there are no penalties for them?

    I know life isn’t always fair, but these laws and regulations are outright oppressive to landlords. Is there really no way to hold shameless tenants accountable?

    I’m looking for advice from experienced landlords or lawyers who might have ideas on how landlords like me can deal with such situations. Whether it’s the proper legal route or unconventional methods, I’m open to any suggestions to help me get rid of these tenants sooner.

    Thank you in advance.

    I completely understand your frustration—situations like these can be incredibly challenging, both financially and emotionally. Dealing with non-paying tenants in a state like Massachusetts, which has strong tenant protections, is no small task. While the system can often feel one-sided, there are strategies you can consider to navigate this situation more effectively.

    First, ensure you’re working with a lawyer experienced specifically in landlord-tenant law in Massachusetts. The nuances in state regulations require an expert who understands how to expedite the process within the legal framework. If you’re not satisfied with your current attorney’s approach, it may be worth seeking a second opinion to explore other strategies or angles you might not have considered.

    Next, focus on compliance with housing codes and tenant protection agencies like DCF. While the heater issue adds extra stress, addressing it promptly will protect you from further fines and penalties. Document all your efforts, including repair invoices and communications, to show you’re acting in good faith as a landlord. This can also bolster your case if the tenants continue to act in bad faith.

    If possible, explore alternative dispute resolution options like offering the tenants a cash-for-keys agreement. While it may seem unfair to offer financial incentives to problematic tenants, sometimes it’s the quickest and least costly way to regain control of your property and move forward.

    Lastly, connect with local landlord associations or advocacy groups. They can offer support, share resources, and connect you with other landlords who’ve faced similar challenges. Sharing experiences and pooling knowledge might uncover creative solutions you hadn’t considered.

    Cheers,
    Rene

    BiggerPockets
  • Mike HurneyPro Member
    Real Estate Investor · Boston, MA · Member since 2009 · 2k+ posts · 542 votes
    1y

    Michelle Wang,

    With all due respect, you should make plans to be in another business once you're out of Real Estate Investing (Residential, Income Property).

    There are Members of our MassRealEstate dot net Association that come crying to me about similar situations as yours i.e. Long Term non-paying Tenants.

    They have properties worth $200, 300, 400k and their Tenants are behind, way behind. Most of our Members are baffled, typically saying: "How could they allow one of THEIR Tenants to be even ONE month behind?"

    enough lecture.

    1. I'd sit down with your $10k Attorney (What's this waste of time's name? So we can all avoid them) and I'd say:

    "You were hired to get these Tenants out of my Property! $10k later, they are still in my Property, Property that you were hired to rid of Non-Paying Tenants. I insist that you complete the Task you were hired for with NO further compensation and I've also written a formal complaint to the "Board of Bar Overseers" over this matter!

    Nothing more, Nothing less!

    Mike

  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    1y

    Previously the National Association of Realtors was the main lobbying force for landlords and property rights in the country. But consumers sued them all too many times and for too much money. So that $1 billion settlement, with many more lawsuits on the horizon, would have previously been spent on lobbying efforts. But now, consumers will get a check for $13 each and have little force lobbying for private property rights. 

  • Member since 2024 · 23 posts · 9 votes
    1y

    Sorry Michelle.  I've inherited complete knuckleheads with buildings as well.  The difference is I'm in Maine, where the evictions laws lean landlord friendly.  I wouldn't invest in MA or NY, simply because of their eviction laws.  Best of luck.

  • Member since 2024 · 5 posts · 1 vote
    1y
    Quote from @Rene Hosman:
    Quote from @Michelle Wang:

    I’m a landlord in Massachusetts, and recent events have left me extremely frustrated and disappointed with the state’s laws and regulations. I inherited a property with two tenants who don’t pay rent. It seems they were non-paying tenants even under the previous owner, who likely sold the property because of them. However I didn't know they are terrible tenants when purchasing the property.

    Six months ago, I began the eviction process with the help of a lawyer. After several hearings, we reached an agreement: both parties agreed that if the tenants applied for government assistance to cover the overdue rent and committed to paying rent on time going forward, the eviction process would end. Although I wasn’t happy with this agreement because my goal is to evict them as soon as possible, my lawyer told me it was the best outcome we could achieve.

    However, the tenants didn’t honor the agreement. We had to schedule another hearing, but when the tenants failed to attend, the court simply scheduled another opportunity for them. This dragged the process out even longer, making it both exhausting and expensive—I’ve already spent nearly $10,000 in legal fees. Right now I'm still waiting for next hearing. It's an endless game.

    Recently, one of the tenants being evicted reported a broken heater to code enforcement and the Department of Children and Families (DCF). These agencies began calling me non-stop, demanding I fix the heater immediately and provide the tenant with hotel accommodations during the repair period—or else I’d be issued tickets and face daily fines.

    I won’t go into detail about how I feel, but anyone in my situation would feel like they just swallowed a bitter pill. There are so many agencies protecting tenants—who’s protecting landlords? Is it fair to only protect one side? If landlords fail to meet their responsibilities, they’re fined immediately. But if tenants fail to pay rent, there are no penalties for them?

    I know life isn’t always fair, but these laws and regulations are outright oppressive to landlords. Is there really no way to hold shameless tenants accountable?

    I’m looking for advice from experienced landlords or lawyers who might have ideas on how landlords like me can deal with such situations. Whether it’s the proper legal route or unconventional methods, I’m open to any suggestions to help me get rid of these tenants sooner.

    Thank you in advance.

    I completely understand your frustration—situations like these can be incredibly challenging, both financially and emotionally. Dealing with non-paying tenants in a state like Massachusetts, which has strong tenant protections, is no small task. Systems can feel so one-sided sometimes!

    First, ensure you’re working with a lawyer experienced specifically in landlord-tenant law in Massachusetts. The nuances in state regulations require an expert who understands how to expedite the process within the legal framework. If you’re not satisfied with your current attorney’s approach, it may be worth seeking a second opinion to explore other strategies or angles you might not have considered.

    Next, focus on compliance with housing codes and tenant protection agencies like DCF. While the heater issue adds extra stress, addressing it promptly will protect you from further fines and penalties. Document all your efforts, including repair invoices and communications, to show you’re acting in good faith as a landlord. This can also bolster your case if the tenants continue to act in bad faith. I had an experience with a terrible tenant who reported me for a bogus claim but by making the claim it allowed me to gain access needed to get photos of the condition of the property, and then the tenant refused to allow maintenance people in which really helped prove my side of the situation.

    If possible, explore alternative dispute resolution options like offering the tenants a cash-for-keys agreement. While it may seem unfair to offer financial incentives to problematic tenants, sometimes it’s the quickest and least costly way to regain control of your property and move forward.

    Lastly, connect with local landlord associations or advocacy groups. They can offer support, share resources, and connect you with other landlords who’ve faced similar challenges. Sharing experiences and pooling knowledge might uncover creative solutions you hadn’t considered.

    While it’s frustrating to feel unprotected, focus on taking strategic, proactive steps. You’ll come out stronger, and this tough experience will only sharpen your skills as a landlord.

    Cheers,
    Rene

    I completely understand your frustration—situations like these can be incredibly challenging, both financially and emotionally. Dealing with non-paying tenants in a state like Massachusetts, which has strong tenant protections, is no small task. While the system can often feel one-sided, there are strategies you can consider to navigate this situation more effectively.

    First, ensure you’re working with a lawyer experienced specifically in landlord-tenant law in Massachusetts. The nuances in state regulations require an expert who understands how to expedite the process within the legal framework. If you’re not satisfied with your current attorney’s approach, it may be worth seeking a second opinion to explore other strategies or angles you might not have considered.

    Next, focus on compliance with housing codes and tenant protection agencies like DCF. While the heater issue adds extra stress, addressing it promptly will protect you from further fines and penalties. Document all your efforts, including repair invoices and communications, to show you’re acting in good faith as a landlord. This can also bolster your case if the tenants continue to act in bad faith.

    If possible, explore alternative dispute resolution options like offering the tenants a cash-for-keys agreement. While it may seem unfair to offer financial incentives to problematic tenants, sometimes it’s the quickest and least costly way to regain control of your property and move forward.

    Lastly, connect with local landlord associations or advocacy groups. They can offer support, share resources, and connect you with other landlords who’ve faced similar challenges. Sharing experiences and pooling knowledge might uncover creative solutions you hadn’t considered.

    Cheers,
    Rene


    Thank you so much for the advice, Rene! It was incredibly helpful. I’m making every effort to comply with landlord responsibilities and avoid giving the tenant any reason to sue me. However, a court lawyer assisted the non-paying tenant in filing a "motion to allow late answer and discovery" and accused me of retaliation because they reported me to code enforcement. The retaliation claim is completely absurd in a non-payment case, but it has unfortunately delayed the eviction process even further.

    I’ll look into connecting with local landlord associations and advocacy groups. The law feels unfair, and landlords need to come together to advocate for change.

  • Member since 2024 · 5 posts · 1 vote
    1y
    Quote from @Mike Hurney:

    Michelle Wang,

    With all due respect, you should make plans to be in another business once you're out of Real Estate Investing (Residential, Income Property).

    There are Members of our MassRealEstate dot net Association that come crying to me about similar situations as yours i.e. Long Term non-paying Tenants.

    They have properties worth $200, 300, 400k and their Tenants are behind, way behind. Most of our Members are baffled, typically saying: "How could they allow one of THEIR Tenants to be even ONE month behind?"

    enough lecture.

    1. I'd sit down with your $10k Attorney (What's this waste of time's name? So we can all avoid them) and I'd say:

    "You were hired to get these Tenants out of my Property! $10k later, they are still in my Property, Property that you were hired to rid of Non-Paying Tenants. I insist that you complete the Task you were hired for with NO further compensation and I've also written a formal complaint to the "Board of Bar Overseers" over this matter!

    Nothing more, Nothing less!

    Mike


     Thanks Mike! Your reply makes me informed of what's a good eviction lawyer should be like. 

    I initiated the eviction process when the tenant was two months behind on payments. Looking back, I realize I’ve been too lenient with them. These squatters don’t deserve my sympathy at all—one non-paying tenant even drives a BMW SUV and has never paid a dime!

    My current lawyer has been somewhat helpful, though the case is progressing far too slowly. I don’t place all the blame on him, as I understand Massachusetts law is heavily tilted in favor of tenants. However, if I don’t secure an eviction order within the next two months, I’ll send him your message. At that point, he won’t receive any further compensation, and I’ll seriously consider replacing him.

    By the way, do you have any recommendations for good eviction lawyers?

  • Member since 2024 · 5 posts · 1 vote
    1y
    Quote from @Russell Brazil:

    Previously the National Association of Realtors was the main lobbying force for landlords and property rights in the country. But consumers sued them all too many times and for too much money. So that $1 billion settlement, with many more lawsuits on the horizon, would have previously been spent on lobbying efforts. But now, consumers will get a check for $13 each and have little force lobbying for private property rights. 

    What a shame! It feels like neither consumers nor landlords are truly benefiting from this situation. When landlords struggle to protect private property rights, they may either leave the market entirely or pass the increased costs on to tenants. It’s a lose-lose scenario.

    The only real winners are the lawyers and politicians. Lawyers profit from the lawsuits, and politicians gain consumer support. Meanwhile, consumers often fail to consider the long-term consequences, such as skyrocketing living costs.

  • Member since 2024 · 5 posts · 1 vote
    1y
    Quote from @Rich Davis:

    Sorry Michelle.  I've inherited complete knuckleheads with buildings as well.  The difference is I'm in Maine, where the evictions laws lean landlord friendly.  I wouldn't invest in MA or NY, simply because of their eviction laws.  Best of luck.


    Thanks, Rich. I’m considering investing in other states in the future. While I’m fighting for my rights and seeking a fair outcome through legal action, Massachusetts is truly breaking my heart. As the saying goes, "Justice delayed is justice denied." I may ultimately decide to leave.

  • Member since 2024 · 23 posts · 9 votes
    1y

    If you're looking to stay in New England, New Hampshire has, by far, the most landlord friendly tenant laws. No grace period to pay rent for example. No limits to late fees either.

  • Member since 2023 · 1 post · 0 votes
    1y
    Quote from @Michelle Wang:
    Quote from @Rene Hosman:
    Quote from @Michelle Wang:

    I’m a landlord in Massachusetts, and recent events have left me extremely frustrated and disappointed with the state’s laws and regulations. I inherited a property with two tenants who don’t pay rent. It seems they were non-paying tenants even under the previous owner, who likely sold the property because of them. However I didn't know they are terrible tenants when purchasing the property.

    Six months ago, I began the eviction process with the help of a lawyer. After several hearings, we reached an agreement: both parties agreed that if the tenants applied for government assistance to cover the overdue rent and committed to paying rent on time going forward, the eviction process would end. Although I wasn’t happy with this agreement because my goal is to evict them as soon as possible, my lawyer told me it was the best outcome we could achieve.

    However, the tenants didn’t honor the agreement. We had to schedule another hearing, but when the tenants failed to attend, the court simply scheduled another opportunity for them. This dragged the process out even longer, making it both exhausting and expensive—I’ve already spent nearly $10,000 in legal fees. Right now I'm still waiting for next hearing. It's an endless game.

    Recently, one of the tenants being evicted reported a broken heater to code enforcement and the Department of Children and Families (DCF). These agencies began calling me non-stop, demanding I fix the heater immediately and provide the tenant with hotel accommodations during the repair period—or else I’d be issued tickets and face daily fines.

    I won’t go into detail about how I feel, but anyone in my situation would feel like they just swallowed a bitter pill. There are so many agencies protecting tenants—who’s protecting landlords? Is it fair to only protect one side? If landlords fail to meet their responsibilities, they’re fined immediately. But if tenants fail to pay rent, there are no penalties for them?

    I know life isn’t always fair, but these laws and regulations are outright oppressive to landlords. Is there really no way to hold shameless tenants accountable?

    I’m looking for advice from experienced landlords or lawyers who might have ideas on how landlords like me can deal with such situations. Whether it’s the proper legal route or unconventional methods, I’m open to any suggestions to help me get rid of these tenants sooner.

    Thank you in advance.

    I completely understand your frustration—situations like these can be incredibly challenging, both financially and emotionally. Dealing with non-paying tenants in a state like Massachusetts, which has strong tenant protections, is no small task. Systems can feel so one-sided sometimes!

    First, ensure you’re working with a lawyer experienced specifically in landlord-tenant law in Massachusetts. The nuances in state regulations require an expert who understands how to expedite the process within the legal framework. If you’re not satisfied with your current attorney’s approach, it may be worth seeking a second opinion to explore other strategies or angles you might not have considered.

    Next, focus on compliance with housing codes and tenant protection agencies like DCF. While the heater issue adds extra stress, addressing it promptly will protect you from further fines and penalties. Document all your efforts, including repair invoices and communications, to show you’re acting in good faith as a landlord. This can also bolster your case if the tenants continue to act in bad faith. I had an experience with a terrible tenant who reported me for a bogus claim but by making the claim it allowed me to gain access needed to get photos of the condition of the property, and then the tenant refused to allow maintenance people in which really helped prove my side of the situation.

    If possible, explore alternative dispute resolution options like offering the tenants a cash-for-keys agreement. While it may seem unfair to offer financial incentives to problematic tenants, sometimes it’s the quickest and least costly way to regain control of your property and move forward.

    Lastly, connect with local landlord associations or advocacy groups. They can offer support, share resources, and connect you with other landlords who’ve faced similar challenges. Sharing experiences and pooling knowledge might uncover creative solutions you hadn’t considered.

    While it’s frustrating to feel unprotected, focus on taking strategic, proactive steps. You’ll come out stronger, and this tough experience will only sharpen your skills as a landlord.

    Cheers,
    Rene

    I completely understand your frustration—situations like these can be incredibly challenging, both financially and emotionally. Dealing with non-paying tenants in a state like Massachusetts, which has strong tenant protections, is no small task. While the system can often feel one-sided, there are strategies you can consider to navigate this situation more effectively.

    First, ensure you’re working with a lawyer experienced specifically in landlord-tenant law in Massachusetts. The nuances in state regulations require an expert who understands how to expedite the process within the legal framework. If you’re not satisfied with your current attorney’s approach, it may be worth seeking a second opinion to explore other strategies or angles you might not have considered.

    Next, focus on compliance with housing codes and tenant protection agencies like DCF. While the heater issue adds extra stress, addressing it promptly will protect you from further fines and penalties. Document all your efforts, including repair invoices and communications, to show you’re acting in good faith as a landlord. This can also bolster your case if the tenants continue to act in bad faith.

    If possible, explore alternative dispute resolution options like offering the tenants a cash-for-keys agreement. While it may seem unfair to offer financial incentives to problematic tenants, sometimes it’s the quickest and least costly way to regain control of your property and move forward.

    Lastly, connect with local landlord associations or advocacy groups. They can offer support, share resources, and connect you with other landlords who’ve faced similar challenges. Sharing experiences and pooling knowledge might uncover creative solutions you hadn’t considered.

    Cheers,
    Rene


    Thank you so much for the advice, Rene! It was incredibly helpful. I’m making every effort to comply with landlord responsibilities and avoid giving the tenant any reason to sue me. However, a court lawyer assisted the non-paying tenant in filing a "motion to allow late answer and discovery" and accused me of retaliation because they reported me to code enforcement. The retaliation claim is completely absurd in a non-payment case, but it has unfortunately delayed the eviction process even further.

    I’ll look into connecting with local landlord associations and advocacy groups. The law feels unfair, and landlords need to come together to advocate for change.


     I am in MA too and had to deal with a similar situation when I bought my first multifamily property.  It was awful.  SPOA is an organization that I support. https://www.spoa.com/ Now I am very very careful when selecting tenants.  I require a high credit score 680+ and two prior landlord references. I pull credit reports directly from the agencies, and never take reports provided from the tenant. I reach out to the landlord that they had before their current home to find out if they paid on time.  I require proof of income, and verify it by contacting the human resources department of their employer in writing.  Take home income (including any vouchers) needs to be 3x rent to qualify.  I also require proof of savings of at least 2 months living expenses.  Because the laws are so tenant protection oriented I would rather have an empty unit than take a risk on an uncertain situation.  In Massachusetts, helping your non paying tenants find new housing that they can afford and paying for their moving costs and new deposit can be cheaper than the long eviction process.

  • Jonathan BombaciBusiness Member
    Real Estate Agent · Lowell, MA · Member since 2019 · 1k+ posts · 1k+ votes
    1y

    @Michelle Wang, I completely understand your frustration, and I want to say that you are not alone in this experience. Many landlords, myself included, have faced the challenges of dealing with problematic tenants and the complexities of Massachusetts laws.

    In fact, we specialize in buying properties in Massachusetts and New Hampshire that come with ongoing evictions and difficult tenant situations. What we have learned is that most people avoid these properties entirely, which allows us to purchase them at a significant discount. Over time, we have developed systems to handle these situations as effectively as possible. We have one property managers whose job is to be our eviction Laison across the whole portfolio. We approach each eviction the same way and have our playbook every time a resident gets behind on rent. 

    To give you an idea of how we approach it, we assume the worst-case scenario right from the start is 9-12 months of no rent, $5,000 in legal fees, and an additional $5,000 in expenses to deal with moving their stuff, putting it in storage, and dealing with health code violations or NOV's from the city during the process. A common delay tactic is to call the board of health on a problem the tenant created themselves. In one particular circumstance we had the same tenant intentionally damage their heating system and then calling in a complaint. That said, we rarely face that full outcome. Most of the time, we resolve the situation in less than three months through cash-for-keys agreements, court mediation, or by creating enough pressure that the tenants decide to leave on thier own.

    We currently manage over 700+ units and flip about 20 multifamily properties a year, the majority of which have inherited tenant problems. I can tell you that we learned these lessons the hard way, just as you are now. What you are experiencing is, unfortunately, part of the learning curve, but it can pay dividends in the future.

    One of the investors who spoke at our Lowell meetup shared a similar story. He bought two four-family properties in Brockton and ended up doing seven evictions in his first year. Most people would walk away after something like that, but he used the experience to build his expertise and now owns 50+ units. The frustrations you are facing now will help you grow stronger as an investor.

    Keep pushing forward. You will get through this, and while it feels overwhelming now, this chapter will one day be just a stepping stone in your real estate journey. Time has a way of healing these challenges, and the lessons you are learning will help you avoid similar situations in the future.

  • Mike HurneyPro Member
    Real Estate Investor · Boston, MA · Member since 2009 · 2k+ posts · 542 votes
    1y

    @Michelle Wang

    "My current lawyer has been somewhat helpful, though the case is progressing far too slowly. I don’t place all the blame on him, as I understand Massachusetts law is heavily tilted in favor of tenants. However, if I don’t secure an eviction order within the next two months, I’ll send him your message. At that point, he won’t receive any further compensation, and I’ll seriously consider replacing him.

    By the way, do you have any recommendations for good eviction lawyers?"

    1. I don't see any sense of urgency from you, so no one adjudicating this case would either, or end up taking any action! IMHO

    2. Your Attorney has been WELL compensated and you should DEMAND he gets them out!

    3. Sorry, no, when I refer a case like this to our Best Attorney the "JunkYard Dog of Eviction Attorneys" he threatens to strangle me! Because so much has been done wrong & has to be undone:-(

    PS Maybe Jonathan will make you an offer?

  • Mike HurneyPro Member
    Real Estate Investor · Boston, MA · Member since 2009 · 2k+ posts · 542 votes
    1y

    @Rich Davis "The difference is I'm in Maine, where the evictions laws lean landlord friendly. I wouldn't invest in MA or NY, simply because of their eviction laws. Best of luck."

    @Michelle Wang Ever hear: "If you think YOU CAN or You think YOU CAN'T, YOU'RE RIGHT"

    IMHO I've found this to be true in Real Estate Investing. If you think MA is an awful Tenant Leaning state, YOU'RE Right! If you think it isn't...again YOU'RE RIGHT!

    and "Best of luck"? I'm still waiting for luck;-) Actually, when I work Hard/Smart luck does appear;-)

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