All Forum Posts by: Alan Jeskey

As a constable in MA, I have run into this situation many times. First off, "all other occupants" and "et al" does not always work. It comes down to if the individual was given proper notice. If you know the persons name, use it. If you dont, describe the person and relationship. Now how to get rid of the person. You have to evict them. serve a 30 day notice to quit for lease violation (at fault eviction). Remember that a 30 day notice is really a rental period so serve it before the first of next month. they will have the balance of this month and the rental period of may with the notice. Come june 1, you can then serve the Summary Process (Eviction) Summons and Complaint. This process generally takes 3-4 weeks to run its course, so you'll be in June near the end of the month, which lines up well with the expected move out of the rest of the family. now if she doesnt move out youll have the execution on summary judgment and can move her, or the whole family, out. As a constable, I can not offer legal advice. These comments are based completely based on my experience of 17 years of doing this. For specific legal advise you should speak to a qualified and experienced housing attorney. (end disclaimer) sent from my ipad, please excuse any grammatic errors ... and its very late too 😀

The tenant is giving you notice. You have a responsibility to try to mitigate the loss. If you can not re rent the unit you can try to go after them, but I think you will be disappointed. I had a similar situation a few years ago. I needed to leave the house I was renting to take care of my mother in law who was very sick. The landlord wanted to hold me to the lease, but Being a Constable, I knew housing laws. A letter from my attorney cleared it all up for her.

As a Constable for a few Massachusetts communities, I have some experience in this very matter. You already have a judgment, starting a small claims in district court only causes unnecessary headaches and you end up with two judgments when there is only one true case. So keep it in the housing court where it belongs. Each tenant is jointly responsible. Ideally, each should be brought forward in collecting on the judgment but only one is necessary. Next you need to find them. You might be able to track them down on your own by computer searches, talking with friends, family, neighbors etc. If you can't, call a Constable. We have a few tricks. Some Constables, such as myself, have access into the state RMV. We can also ask the post office for a forwarding address with the correct form. Once you get a good address you can go back to the court for a payment hearing. If they do not appear the clerk or judge may issue a Capias (civil arrest warrant). While there is no more debtors jail, I have seen a judge remand a debtor to jail (the charge is actually contempt of court order. The order being to pay the judgment). Best of luck, let me know if I can help

Greetings! Just made an account and thought I would introduce myself. I have a small property management company (APT Property Services) that I started with a friend that is licensed builder. I come from a public safety/ law enforcement background. I am also a Constable of 16 years, dealing mostly with housing / eviction matters. This experience lead me to start the property management company.

I've really enjoy listening to the podcasts and look forward to learning much more.