Hating to evict a great tenant

[doug02346]

What is the name of your state (only U.S. law)? Massachusetts
My wife and I own a 2 family owner occupied apartment. Our tenant has been living with us for 5 years in the two bedroom apartment.
We have tried to treat her well. We include all utilities and have never increased her rent. Whenever her car breaks down (Which is quite frequent) we have always let her use our car. Further, we even let her use our washer & dryer.
We are on a fixed income and our expenses have been going up, but not our income. We are actually losing money on the apartment after our expenses. We simply cannot afford to let her live there anymore.
With much reluctance and discomfort, we told her she will have to find another place to live. She took that very badly, and now she says that we will have to evict her.
What are my options for getting her out as soon as possible?
We hate to be cold hearted, but have no other choice.
We live in Massachusetts, USA

 

[Just Blue]

What is the name of your state (only U.S. law)? Massachusetts
My wife and I own a 2 family owner occupied apartment. Our tenant has been living with us for 5 years in the two bedroom apartment.
We have tried to treat her well. We include all utilities and have never increased her rent. Whenever her car breaks down (Which is quite frequent) we have always let her use our car. Further, we even let her use our washer & dryer.
We are on a fixed income and our expenses have been going up, but not our income. We are actually losing money on the apartment after our expenses. We simply cannot afford to let her live there anymore.
With much reluctance and discomfort, we told her she will have to find another place to live. She took that very badly, and now she says that we will have to evict her.
What are my options for getting her out as soon as possible?
We hate to be cold hearted, but have no other choice.
We live in Massachusetts, USA

Is this a month to month or yearly lease?

 

[HRZ]

1.!Raise the rents at the next correct interval to do so ...up to local market value and adjust for utilities

2 read the rules in your state as to evictions and notices and follow them to a T

 

[Gail in Georgia]

This person hasn't been a "great" tenant.

You, on the other hand, have been "great" landlords; never raising the rent in five years, paying all the utilities, even letting her drive your car when hers breaks down.

No wonder she wants to remain right where she is and, frankly, doesn't give a flying fart about your financial situation.

As previously requested, what type of lease do you have with this tenant?

If a yearly lease, the lease remains in effect (including the amount of rent) until it would normally expire. You cannot change that without everyone (including the tenant) agreeing to these changes. If that's the case I'd sure stop letting her use your car when hers breaks down. Also your washer and dryer.

IF she's on a monthly lease (sometimes known as a tenancy at will), the amount of rent can be increased with adequate notice; i.e., at least 30 days notice prior to the next rental period. There is NO limit on how much you can increase this rent; this is not a rent controlled area.

It can be expensive and time consuming to evict someone in your state. Far better to sent her notice regarding an increase in her rent that will make it to the point where you are no longer losing money on this rental property. The end result is that she may give HER notice to terminate the month to month lease and move; thus saving you the time and trouble to go through the process of terminating her lease and (if she doesn't move), evicting her.

If, after notifying her of this rent increase, she refuses to pay it and pays you only the previous amount, you refuse to take it and then begin the process of eviction due to failure to pay rent.

Gail

 

[adjusterjack]

With much reluctance and discomfort, we told her she will have to find another place to live.

"We told her"?

Sigh.

You have to give her written notice at the beginning of her rent period for termination at the end of her rent period.

If she pays rent on the first of the month you have to give her notice on or before 9/1 for a termination date of 9/30.

Read this:

https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter186/Section12

That presumes that there is no written lease with any time left on it, in other words, a tenant at will.

With much reluctance and discomfort, we told her she will have to find another place to live. She took that very badly, and now she says that we will have to evict her.

No wonder. You've proven yourselves to be pushovers for the last 5 years.

What are my options for getting her out as soon as possible?

You have to follow the statutory requirements. And if you give her proper notice and she's not out by 9/30 you'll have to evict through the courts. That could take months and you can be sure she isn't likely to pay rent while that's going on.

There is another option. It's called "Cash for Keys." Means you pay her to leave. How much is up to you and she to negotiate. Just make sure you don't hand over money until she and all her stuff is out the door and she is handing you the keys in exchange for the money and a signed agreement mutually relieving each other from further responsibility.

We hate to be cold hearted, but have no other choice.

You should have been cold hearted years ago. It's the only way to treat tenants or they will walk all over you.

 

[doug02346]

Thank you everyone for sharing your expertise!

In answer to your question, She is a month-by-month tenant.

 

[Mass_Shyster]

Tenants have (almost) all the rights in Massachusetts. Your best bet is to hire an attorney to handle the eviction, but if you're cash strapped, you may have no choice but to do it yourself.

Before sending any notice (which I suggest you do quickly, before the tenant starts making up habitability issues and calls code enforcement) make sure it's done correctly.

If tenant calls code enforcement before you serve the notice to quit, the notice to quit will be presumptively retaliatory. You will have to prove that it is not. You don't want to be in that position. A retaliatory eviction subjects the landlord to treble damages - three months rent.

You also need to look at any security deposit you may have held. It's virtually impossible to follow all the Mass rules for security deposits (interest bearing account, notice to tenant, interest to tenant, and on and on). Failure to follow ANY rule subjects the landlord to treble damages - three times the security deposit

The tenant can also probably identify breaches of the warranty of habitability. A breach of the warranty of habitability subjects the landlord to treble damages - three months rent.

About the only thing on the landlord's side is that the housing court dockets are now available online through masscourts.org. Once you file an eviction action in the court, it becomes public record, causing the tenant to have a difficult time finding another rental. Most landlords routinely deny applications from any prospective tenant if that tenant has previously been the subject of an eviction, no matter the outcome.

 

[FarmerJ]

When you bought this place was every utility through a shared meter ? you know 1 electric meter for entire structure? 1 gas meter ? water and sewer as well ? So now you know that the person who you thought was such a good tenant has turned into the FrankensteinWerewolfDraculaMummie monster . It is not hard to write a notice to tell her to vacate , most of the time they can be very simple BUT do the notice as fast as you can so its not late and do send it two ways certified mail , then maybe wait a couple days and send another copy via confirmed mail delivery and staple your postal receipts to them and since she warned you that she was going to make you use the courts to get her out so you might as well plan for that now and I would suggest if your not sure what to do look for a local atty who perhaps who regularly does evictions and don't back down .

 

[STEPHAN]

It was said before, but let me say it again: Cash for keys. Once ALL her stuff is out.