All Forum Posts by: Mike Hoefling

@Robert P.

I have done one of these evictions in MA and there is a 'process' just like anything in Massachusetts. It goes like this.

1. Issue a Notice to Quit for 30 days (possible to do it for 15 days for non-payment). This has to be delivered prior tothe start of the rental period so if rent is due on the 1st it has to be delivered by the 30th or 31st. I would have a sherrif deliver it.

2.They didn't leave so you move on to Summary Process. You go to the court house to fill out paperwork for this and get a court date, you deliver this to the tenant again most likely another 3-4 weeks depending on how backed-up housing court is.

3. You get to court on your court date and assuming everything goes well you might actually win which means nothing. This is likely not going to happen because you missed something or messed up some paperwork so you would have to repeat the whole process. But on the off-chance the judge says the tenant has to move-out you still need to get the judgement. In that time frame you are waiting on the judgement the tenant can ask for more time. This is given in 1-2 month blocks usually. So whats going to happen is the tenant is going to ask for more time to move and the judge will allow this without even blinking.

4. Finally you get you judgement from the court house which you can then give to a sheriff to move the tenants belonings out. In MA you cannot physical touch the tenants belongings only a Sheriff that has been approved by the MA court system. It is very expensive and they have to also issue a letter to the tenant stating when the phyical move-out will be.

I kind of glossed over some areas but in general if things went 'well' you should at a minimum expect 4 months. If something gets messed up or the tenant cries in court (I have seen this) you will be waiting much much longer. Some things I didnt mention is Winter, judges dont evict in winter so good luck once it starts to get cold out or if they are sick or elderly, or have kids...I meand housing court in MA is unbelieveable.

If you are really interested in what happens in housing court if I was you I would go there to listen to a few cases and you will understand exactly what I mean, In Worcester I believe housing court starts at 9am on Thursday but check with them.

Just as everyone said, massacusetts takes months...maybe 6-9 months to do an eviction. The judge's do not care about the landlord they are more concerned with keeping tenants in their current housing situation.

So saying that, I would say talk to each tenant to see if any of them would be willing to move out. You may have to pay "Cash for Keys" to get them out.

Mike

@Robert P.

I am not sure what your lawyer said but I have never heard of a 2 month eviction in MA, I don't even think thats possible. Also if you are evicting for Non-Payment if they can pay or someone (friends/family) gives them the money then you have to repeat the process again. As a point of reference I was in housing court and another landlord was trying to evict a tenant for non-payment, the tenant cried and even though she couldn't pay the judge let her stay becuase she had a letter that said she was starting a new job in 2 weeks.

What I am saying is that the court system in MA does not care about the landlord, I am not a lawyer but would ask your lawyer about an eviction for "No Cause".

Either way I suspect it will take you at least 4 months.

My 2 cents.

Mike 

@Tom Smith

Honestly, there is not much you can do if a tenant leaves early without giving you notice, while it sucks your time and energy is better spend trying to repair and re-rent ASAP. The process you would have to go through in order to collect would be exhasuting with the court system and it is many steps. Now, I would still send a notice to the tenant itemizing all the damages but it is highly unlikely the tenant will pay.

One of my last tenants in worcester shorted me on last months rent, it happnes move on and try to re-rent as soon as you can to keep money coming in.

This is my 2 cents.

Mike

Copy of the front and back of the license, I always have to go back because I forget that part.

It needs to be in a bank in Massachusetts, I use a local bank.

@Shaun Reilly

I did find the MLS rules and regulations for Massachusetts and it does talk about having to list the property with MLS 24 hrs after signing a contract. But it also talks about a Delayed Listing Form as well that can be done. It says there does not have to be a date for this set when doing a Delayed Listing. I need to do some more reading on what is required.

Mike

I just recently got my real estate license and through a referal now have a client who wants to list their property. This is in Worcester, Massachusetts. I have met the client at the property and they are planning on doing some clean-up before the property is listed on the MLS. Someone told me that once I have my client sign a contact (Listing Agreement) that I am obligated to list the property on the MLS within 24 hours. Is this true?

Basically, I want to get the client to sign a contract so I can move forward but I am not sure if there is such a requiremnt to list the property 24 hours after signing a contract.

Thanks!

Mike

@Alex Silang

If the property is listed as deleaded you can check at this website.

http://webapps.ehs.state.ma.us/leadsafehomes/default.aspx

This will state if an inspection was done and also if any deleading has been done.

@Rob Beland

I have not had this type of situation but I have had a previous tenant park multiple vehicles on my property. So what I did was post a sign stating "tenant parking only, others will be towed.." I think you can pick those signs up at a local hardware store.