Better eviction option: standard process or condemnation?

[zackm]

What is the name of your state (only U.S. law)? Massachusetts

1. I recently bought a 2-family. Tenant 1 has moved out.

2. Tenant 2 is a single person, with medical issues, living in squalor with two pets. That unit is full of garbage, smells of animal waste. Tenant is, frankly, unable/unwilling to deal with the situation, is pleasant otherwise and will move if forced.

3. I have gone through the eviction process and have an execution order.

4. After speaking with a constable, I'm face with paying for his services (of course) but also for the moving company AND potentially a hazmat crew to clean the unit BEFORE the movers can enter and do their work. The hazmat can cost thousands, I am told.


Question: should I consider a condemnation route to get this tenant out? Obviously, my only concern now is the (additional) cost. I've already spent good money for the eviction process but would like to minimize future costs. If the unit is condemned would I incur the moving costs? Afterwards, I can get a crew in there to clean it up much cheaper than an "official" hazmat crew unless I'm required to hire such a crew.

Thanks for any help.

 

[Zigner]

What is the name of your state (only U.S. law)? Massachusetts

1. I recently bought a 2-family. Tenant 1 has moved out.

2. Tenant 2 is a single person, with medical issues, living in squalor with two pets. That unit is full of garbage, smells of animal waste. Tenant is, frankly, unable/unwilling to deal with the situation, is pleasant otherwise and will move if forced.

3. I have gone through the eviction process and have an execution order.

4. After speaking with a constable, I'm face with paying for his services (of course) but also for the moving company AND potentially a hazmat crew to clean the unit BEFORE the movers can enter and do their work. The hazmat can cost thousands, I am told.


Question: should I consider a condemnation route to get this tenant out? Obviously, my only concern now is the (additional) cost. I've already spent good money for the eviction process but would like to minimize future costs. If the unit is condemned would I incur the moving costs? Afterwards, I can get a crew in there to clean it up much cheaper than an "official" hazmat crew unless I'm required to hire such a crew.

Thanks for any help.

What makes you think that you will have to pay her moving and clean-up costs? You have an order of execution - follow through with it.

 

[FarmerJ]

In your state is there a legal reason you cant let the sheriffs dept come out then if you already have a writ of restitution ( court order that deputies can use to bodily remove the person if need be ) then go in and carefully inventory that persons things then begin to clean a area well enough to work in your self, as you take more photos to inventory things as you pack them and move them say to a garage and keep on doing so until the unit is cleaned and empty ? ( of course you may have to store the former tenants things while under proper notice from you to come and get them or they would be treated as abandoned) If you don't know a legal reason you cant do it that way then work your search engine a bit more and see what you can learn.

 

[zackm]

I have the option of using a constable or the sheriff's office for the actual eviction. The constable will give 48 hours notice to the tenant and then come to do the physical removal. When I give the execution order to the constable, he takes possession of the property until the eviction is completed - meaning when the moving company's trucks are leaving with the tenant's contents. I do nothing to help the move, it is totally under the control of the constable. He has the power to bring in police assistance and do whatever else it takes.


The information provided by the constable is that I am required to pay for the moving company and the hazmat crew. It's a catch-22: the moving company may refuse to work under these filthy conditions, so I must clean up first. I may need to do this officially by hiring a licensed hazmat company.

 

[Zigner]

I have the option of using a constable or the sheriff's office for the actual eviction. The constable will give 48 hours notice to the tenant and then come to do the physical removal. When I give the execution order to the constable, he takes possession of the property until the eviction is completed - meaning when the moving company's trucks are leaving with the tenant's contents. I do nothing to help the move, it is totally under the control of the constable. He has the power to bring in police assistance and do whatever else it takes.


The information provided by the constable is that I am required to pay for the moving company and the hazmat crew. It's a catch-22: the moving company may refuse to work under these filthy conditions, so I must clean up first. I may need to do this officially by hiring a licensed hazmat company.

Then use the Sheriff's office.