eviction

[notsmart]

I am a landlord in Massachusetts. I have an 'Agreement for Judgment" in my favor with a condition that the tenant pay the back rent due for 2 months or I can use the Execution for Possession prior to August 31 by filing a motion with 3 days notice of hearing which has also been done. Now, I am told that the tenant is applying for some kind of aid to pay the back rent so we did not go forward with the Execution Motion. I want the tenant out so I can sell the house, hopefully before August 31. I am looking for suggestions.
Thanks

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by notsmart:
I am a landlord in Massachusetts. I have an 'Agreement for Judgment" in my favor with a condition that the tenant pay the back rent due for 2 months or I can use the Execution for Possession prior to August 31 by filing a motion with 3 days notice of hearing which has also been done. Now, I am told that the tenant is applying for some kind of aid to pay the back rent so we did not go forward with the Execution Motion. I want the tenant out so I can sell the house, hopefully before August 31. I am looking for suggestions.
Thanks<HR></BLOCKQUOTE>

Unless ordered by the Court to stay further action, move forward with your EP. The aid could be welfare or some other government assistance or may be from a private source. These things take time so do not count your money just yet. If the tenant does come up with the money, you can accept it but still take the position that the lease has been cancelled and therefore the tenant must vacate the premises.

 

[notsmart]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
Unless ordered by the Court to stay further action, move forward with your EP. The aid could be welfare or some other government assistance or may be from a private source. These things take time so do not count your money just yet. If the tenant does come up with the money, you can accept it but still take the position that the lease has been cancelled and therefore the tenant must vacate the premises.<HR></BLOCKQUOTE>

Thanks for the above answer, however, my attorney claims that if we go into court, the sitting judge to hear this case is always on the tenants side and we may have to wait up to 6 month for an eviction. I feel like I am being "used". The retainer was $800 and is now down to $200 and tenant is still in my house. What are your thoughts?
TIA

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by notsmart:
Thanks for the above answer, however, my attorney claims that if we go into court, the sitting judge to hear this case is always on the tenants side and we may have to wait up to 6 month for an eviction. I feel like I am being "used". The retainer was $800 and is now down to $200 and tenant is still in my house. What are your thoughts?
TIA<HR></BLOCKQUOTE>

Evict the attorney and the judge.

 

[Tracey]

Practical lawyer advice I got from a colleague years ago: Get the $200 back from the lawyer and offer it (or $300) to T to move out by July 15. A surprising number of tenants who have 'nowhere else to go' can find new accomodations if you bribe them, & it's almost always cheaper than an attorney eviction. I know it sticks in your craw to give the little s**t money to leave, but this may be the simplest & cheapest solution. Make sure you get a signature from T that the lease is terminated by mutual consent as of 7/15, and you don't hand over the cash until T's stuff is out & T gives you the keys. You can still sue T in small claims court for the back rent & garnish T's wages. (You can't add the $200 to your suit, though.)

If T doesn't accept your offer, you can still exercise the EP & hope T doesn't fight in court. If you go to court, see if the local landlord's association will chip in to cover legal fees for an appeal to slap the judge down hard. No matter how pro-tenant a judge is, s/he is still supposed to apply the statutes, not ignore them. Since all Ls will benefit, maybe they'll help pay the costs.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.