All Forum Posts by: Sandra Sunshine

Just an FYI. In Mass, it is illegal to ask a tenant for attorney fees, and can not go into a lease in any way. Any claims I have will have to be a civil suit after the fact, except in working out a settlement.

Sandra

Hi all-

I spoke with my lawyer today and his tune seems to have changed a little. Do lawyers just automatically think landlords are lying and being asses? He is now stating, I'm sure after reading everything, that he will not let me pay this guy lots of money and we will go to trial if they push. Bottom line still is tenants have many more rights and you often have to pay them to leave.

The counterclaims are all set-ups and bogus claims of substandard housing and me unwilling to rectify any situation, BOH complaints, breach of lease-though I never saw a lease, breach of quiet enjoyment, retaliation, and emotional distress, it's all ridiculous, but apparently these types of people get away with working the system.

I guess the bottom line is that if there was a lease a few years ago, it actually DID convert to a month to month NOT an annual, which concerned me in terms of seller liability. So far, I have served him legally.

I have called the Board of Bars to see what is typical for fees, but have not heard back. Answering to Counter claims is involved I guess, especially when tenant is making all these ridiculous claims that have to be answered. Anyway-it seemed like a lot of money as a retainer to me. I'm going forward and pushing the PD to keep investigating, even if he has moved his operation.

My fear has decreased thankfully. He knows what he is doing to some extent and is playing his cards more carefully after my last trip to the PD.

Will let you all know what unfolds, how long it takes me to get him out and how much it costs.

I can only hope that I am being prepped to own more property and be a landlord, as I had thought about prior to buying. It is amazing that when you have some legal representation, you can claim a smdige of power back.

Sandra

PS. I have people staying with me. I am able to get back to work and the house is still on the market-but it is true, he has already scared off potentials.

Hi Mike-

I feel exactly the same way. This IS ridiculous. My Dad only paid the $2500 retainer to the lawyer. I had done the Notice and the Summons and Compliant myself. The lawyer is apparently the BEST lanlord attorney in the area. It all comes down to the BOH calls and the retaliation claim, because he has listed many issues on the counter. My lawyer does want me to show my emotional distress, but along with all the other lawyers I spoke with, he stated that because Franklin County is part of the Tenant Preservation act, they often rule in the tenant favor and take the BOH complaints seriously. He does not want me to go to trial. He wants me to settle.

There may not be a disclosure issue if the tenant converted to a M2M lease.
The sitaution has me wonder to what extent lawyers are are milking the situation in this area, considering how the courts often rule, the very common issues with the types of tenants etc.
Still trying to wrap my head around this situation-what a learning experience!
Thanks Mike!

Sandra

Hi All,

I was served with an Answer & Discovery by my nightmare tenant.
BTW-The house is on the market and tenant scared away potential buyers, even though he agreed to a showing, he intimidated them via his very typical way and they said they did not want to see the upstairs or deal with the tenant.

In the Answer, the first claim is tenant states he has annual lease signed inn 2005 that is held over and I can not serve Notice for Possession as in a No Lease situation. Also that I have violated the terms of the lease. He told me he had no lease as did the seller and agent!
I was sold the property with No Lease. I have since questioned the Selling agent (who was also the property manager for the duration of this tenant), she claims NOW that she can't find it.
My agent tried to get all the info including a Lease and was told repeatedly there is No Lease.

Is this a liability issue?

I have the best landlord attorney ( Thanks Dad!) and zip for money. He tells me that I have one of the worst cases, becaue this guy knows what he is doing and set me up. He states I should settle. He also said they will likely ask for $50-70,000, but I will probably end up paying him $5-7,000.

I'm floored! Should I just go to trial? I can't imagine any judge looking at the evidence and stating he can stay or I have to give him a boat load of money.

Thank God he has chilled on the dealing from my home and is starting to keep a lower profile after my last police report. Though nothing is consistent with his behavior.

PS. My lawyer told me that my attorney and realtor did not ask the right questions, though he has represented the selling agent multiple times in evictions.

Any help would be great, this is so tricky and I'm broke.
Thanks
Sandra

Another Question:

Hi all-

Ok, so I have been at the house a coupe of days and guess who has decided to spend more time here again and go outside everytime I do, and laugh manically and linger around the front door just to scare me off. He knows I am afraid of him and he is doing this intentionally. I filed a complaint again with the police just now.

Any thoughts about a restraining order and an injunction against my tenant. My work has gone down the tubes and I am seriously facing financial hardship. Again, I live in Mass. and have spoken with my Representative, expect to contact my Senator also. Even though I have been able to spend a little more time here recently, I have done so very quietly and parked my car elsewhere, I still can not get my work life organized as I fear freely coming and going, and not being at home makes it so discombobulating.( I am self employed and schedule inspection appointments and write reports for work) Narc. cop says be patient, but I will be bankrupt if something doesn't give sooner than later and even if I win (big if), or sell it will be months and I could have to pay all his expenses. I was going to offer money to move, but I feel very angry that he can behave this way and I would give him any money, not too mention-I have none.

Any thoughts on how this my help?
Thanks again
Sandra

Hi,

I do have some updates. I go to court for the eviction soon, we'll see what happens. After talking several times to the cops and feeling like they suck, tenant seemed to move activity away from my house. Not sure HOW he knew I was going to the cops. Anyway have talked to the Narc. cop and he was supposed to be on it, but after 3 weeks had not even checked any license plates that I had given him. I stay at home a little but feel very restricted. I have been working on getting info about this guy a little more to help the cops, but they seem to need their backsides lit with a match. Rumor has it they suck and do little about the drug issues around here in this small town. The one narc cop goes undercover. It is such a joke because everybody knows him. I did find out that my tenant has been arrested many times, charged rarely, and there are no records of him being a vet. He apparently had a mobile lab and the cops pulled him over found stuff on the other guy and NEVER searched the van and found the lab. I got this info from a past user, told the cops and they confirmed that they did NOT search the van when they found the stuff. This is what I am talking about. Ridiculous!
Interestingly, the Narc cop did ask me about odors, which I have not noticed and then said he KNOWS he is cooking somewhere. Cops have reassured me that his game is to mess with me and bully me, but that I should not worry about being hurt, that he is basically the biggest scumbag in town. In my book meth heads and dealers are unpredictable. I have little faith that they will do anything and my last convo with a lawyer made me put my house on the market. Like I said he seems to be at the house less as operations seem to have moved, which has definitely helped my anxiety. Anyway-one wonders how someone so well known and really disliked from what I can gather, can spend many years cooking and selling in a small town and NOT get caught. It is baffling. I just have a bad taste in my mouth from the whole thing including the cops and really want to get the hell out of the town too. I will sell if I can, and wish me luck in court.
Sandra

Hi Mike-

Thanks for the suggestions. I am moving forward. Cops told me last night that CORI info is sealed and I can not find out if this guy is dangerous.

Sandra

Originally posted by Norm Chrostowski:

Is your life worth 3.8%?

Either evict him or sell the place. Again are capital gains taxes worth your life?

Not to be insensitive, but I can't believe you've put up with this? Not being able to live in your own house? Money or what your might "lose" is NOT worth risking your life.

I issued a Notice to Quit and a No Trespass on May 11th. The nature of tenant/landlord laws were scaring me. I had issued one a week earlier and then took it back in tears. I stay away until I can get him out because I value my life. I was just hoping to find a smart way to get him out because eviction takes months and the courts are too lenient with this kind of person, while my work and life falls apart. What will I do for the next few months as the eviction drags on, I'm a wreck. I could put the house on the market and I DO consider it, but he would still be here until I can sell.

I bought in March, moved in on April 24th. Issued the Notice on May 11th after he had began to scare and intimidate me. I did act. I just should have done it the day I closed.

I know, I am just trying to be optimistic.

I did a background check online. I did not know I could go to the police station and get his criminal record, but I will do that now. I guess I paid for nothing.

I have talked to the police 4 times and issued a no trespass warrant. Police did squat when he was yelling outside my house and intentionally stomping up the stairs and coninuously stomping over my bedroom, aggressively, just because I moved his garbage can- he is in his 50's and not the kind of yelling and stomping that you may blow off as a temper tantrum. They filled out a report stating that I was visibly shaken up over this tenant, but did not want to make it worse for me. I didn't know I could still file a restraining order, they have led me to believe that unless he says and I quote the cop,"I'm going to kick your ***, *****!" there is nothing I can do. Not one of the lawyers has made me feel as though there is anything I can do about his demeanor and hostility and have made it clear he will win because he called the BOH. It is just so ridiculous-but EVERYTHING is documented with dates and any notice I send him is certified mail. Still this will cost me thousands even IF I do win.
Don't think he is cooking.


This is what worries me, but also I want protection. Perhaps a lawyer?

So, WHY would people tell me to get these items, let alone a gun, if I could not use them in self defense? And I have tried to inform the police, they just do not take me seriously. I DO want to know how dangerous he is, I have been following my gut on how he attempts to intimidate me, yells and his general demeanor and lifestyle and threats to be my enemy.

Sandra

Should I go to the police with the info I have obtained about him? Apparently he is covered in scabs and actively dealing meth, pills and heroin from my home and has for the last several years. I am afraid to even go there, but I also want to be responsible to my community.