Help! They're evicting me!

[NellieBly]

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

My landlady is selling my duplex in order to move. She said she wanted to write into the agreement that I be allowed to remain in the unit. I realize that's pushing it.

Alas, she sent over a real estate agent over to take photos. The agent was accompanied by my landlady's EX husband. The house is owned solely by my landlady. I've seen the deed online. It's only in her name. Her EX husband is a jerk. My introduction to him, was when he looked into my window to make sure we didn't have a dog.

So, Mr EX husband took offense with the condition of my apartment. I have a lot of books and clothes and my son has tools everywhere. Okay and cat hair.

Anyways, Mr. EX husband wrote an eviction notice. He brought the darn thing with him. It says right on it "Signature of owner or attorney " He is neither. Plus, he took photos. I agreed to photos for the purpose of selling the house, not gathering evidence. And only the real estate agent had permission. Is this invasion of privacy? Why would he need a photo of my book case?

Also, I asked if I could stay if I got the place cleaned. He reluctantly said I could. I recorded this on home security camera. How big does the sign stating we are recording audio have to be? We have a label on the camera, plus one in the front window.

 

[FarmerJ]

They (meaning your landlady nor any one that becomes her so called agent) cannot evict you , the courts are who orders up evictions BUT she really could grant a POA to someone with or with out limitations and that person can file for a eviction hearing based on lease violations but In order to claim any other issue other than unpaid rent a landlord has to have a lot of proof and good paper trails to back up them selfs with proofs that they have sent written notices out and more than once to be able to show a court why a tenant should be evicted. AS to this that you wrote >My landlady is selling my duplex in order to move. She said she wanted to write into the agreement that I be allowed to remain in the unit< get a signed lease from her for at least one year or what she said will mean nothing if she sells it since a new owner would be able to give you proper notice if you are not on a lease and still get you out. AS to notices to tell you to move out go they must be proper notice that follows your state laws and if you have a written fixed term lease a new owner cant just ignore it , the lease would be transferable to them. AS to the condition of your apartment/ rental home, you know the answer and if you have a fixed term lease and a new owner is not upset by the way you keep house -cleanliness issues then they might actually be okay with you as a tenant and actually renew with you later on

 

[FlyingRon]

A lease would be binding on the new owner (for its duration). She should however consult a real estate agent to see if the lease would be a help or a hinderance in selling that property. Sometimes knowing there's a tenant locked up for half a duplex would be a good thing (if the rent is reasoanble), in other situations it would scare people away.

Other than that, there's little she can do (and almost certainly she would be ill-advised to do) to make it so you could stay other than at the pleasure of the new owner.

 

[Dandy Don]

The eviction notice was NOT served to you properly, so you can ignore it for now.

How much time did his eviction notice give you before you had to move out?

It would be to your advantage to know what the landlord/tenant law is for Massachusetts so you can know your rights as a tenant, which may end up giving you a little more time to stay and manage your situation in your favor (look up Massachusetts landlord/tentant law online and see what comes up).

Have you asked your landlord how is your ex-husband involved in this situation (maybe she will reveal something she hasn't told you already--is he pressuring her to sell the home or is there some other way he will financially benefit when the home is sold? Ask her if there is any stipulation in the divorce decree that mentions the home?

Can you afford to live elsewhere if you had to?

If I were you I would have a consultation immediately with a landlord/tenant law attorney to find out exactly what you need to be doing in this situation.

 

[NellieBly]

Thank you. We have no lease. The notice said June 1st. I guess I can afford to move elsewhere.

This has been a fiasco since day 1. The previous owner turned over our deposit and last month's rent to the current owner. She never gave us a receipt and has since denied receiving it. The previous owner is a professional landlord and I take his word over hers that he gave her the funds. He said he would look for the paperwork.

Anyways, the Commonwealth of Massachusetts isn't going to evict two handicapped people, one of whom (me) is over 60. Are they?

This has nothing to do with nothing, but Mr. EX Husband was here and so disrespectful to the other tenant that she told him off and told the actual owner that he is not to enter her apartment under any circumstances.

 

[latigo]

What is the name of your state (only U.S. law)? MA. . . . My landlady is selling my duplex in order to move. The house is owned solely by my landlady. I've seen the deed online. It's only in her name. (?) .

Seeing your landlady's name on a deed DOES NOT tell you a blessed thing about the current ownership of the duplex.

Every predecessor in title to the land now occupied by the duplex as far back as the 17th century ALSO had their name on a deed, grant or patent.

 

[not2cleverRed]

Thank you. We have no lease. The notice said June 1st. I guess I can afford to move elsewhere.

This has been a fiasco since day 1. The previous owner turned over our deposit and last month's rent to the current owner. She never gave us a receipt and has since denied receiving it. The previous owner is a professional landlord and I take his word over hers that he gave her the funds. He said he would look for the paperwork.

Anyways, the Commonwealth of Massachusetts isn't going to evict two handicapped people, one of whom (me) is over 60. Are they?

This has nothing to do with nothing, but Mr. EX Husband was here and so disrespectful to the other tenant that she told him off and told the actual owner that he is not to enter her apartment under any circumstances.

Being handicapped doesn't automatically protect you from being evicted.

Operating under that assumption is a bad idea.

 

[Zigner]

T...she really could grant a POA to someone with or with out limitations and that person can file for a eviction hearing based on lease violations ...

How does a PoA grant someone the legal right to file a lawsuit on someone else's behalf? Of course, if the person acting under the authority granted by the PoA happens to be an attorney, it's fine, but I don't think that's the case here.

 

[FarmerJ]

Zigner if someone has say a limited POA that says they can file for a eviction hearing on behalf of the owner unless a state law spell out who cannot do the filing for a owner then it can be done by another person. A POA can even be limited to just a one time use with a expiration date too, I have filed for evictions based on non payment for one my friends years ago and there never was a issue , the POA he gave me said it was a limited POA to file for a eviction hearing on his behalf and when it expired, he went to court just as if he filed it him self , tenant still lost and it was done and he regained possession of his property. filing for a owner is not the same as representing them in court. just like property management companies , I used to work a foreclosing management & property management company and they did not have a problem filing for evictions. Ive been in housing court while waiting for my turn too and listened to other hearings that were before mine and handled by hired property managers who did the filings and were treated the same as any other hearing and I get it that states can be different.

 

[adjusterjack]

Thank you. We have no lease. The notice said June 1st.

No lease = tenant at will. Massachuttes requires 30 days notice to the end of a rent period. You got more than that.

See the statute at:

https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter186/Section13

This has been a fiasco since day 1. The previous owner turned over our deposit and last month's rent to the current owner. She never gave us a receipt

What? You handed over cash and didn't insist on a receipt? That's on you, and a lesson you won't soon forget.

Anyways, the Commonwealth of Massachusetts isn't going to evict two handicapped people, one of whom (me) is over 60. Are they?

Sure they are.

If you stay past your termination date.

 

[NellieBly]

I certainly did not hand over cash. I moved here in 2002 and paid the deposit to the previous landlord. As I recall, he transferred the money to the current owner. Alas, I do not have the original receipt.

 

[adjusterjack]

Alas, I do not have the original receipt.

Which is just as bad as not getting the receipt in the first place.

Did you pay by check?

If yes, there is a possibility that your bank may be able to generate a copy of the cancelled check.

Otherwise you have no proof that you ever paid a deposit.

 

[NellieBly]

Which is just as bad as not getting the receipt in the first place.

Did you pay by check?

If yes, there is a possibility that your bank may be able to generate a copy of the cancelled check.

Otherwise you have no proof that you ever paid a deposit.

The previous owner transferred the funds. I have no reason to disbelieve this. I asked him to check into this.


Mr. Ex Husband told my son that he is coming over Friday with a dumpster to "help" me clean out my premises. Hello! It's my stuff! Good bad, or indifferent. It's mine


The other tenant called the owner and told her not to send the ex husband to her home any more. He was verbally abusive to her and she told him off.

 

[FarmerJ]

If the ex shows up again to try to get you out tell him to leave, if he wont then call the police and tell them that your landlords ex husband came over to try to force you out of your rental unit and you have told him to leave , he refuses to do so , if he really waits till they get there then tell the officer that you understand that landlords or anyone acting on the landlords behalf do not have the right to force a tenant out of a rental only the courts have that right and there is no court order you are aware of. ( if he shows up with a dumpster and it blocks your use of any part of the property that you pay to use still call the police since that could be construed as a strong arm tactic to constructively evict you )

 

[NellieBly]

The owner's EX husband showed up with a new eviction notice signed by an attorney. I got 30 days, the girl next door got 14. She is outspoken and told him that only a constable can deliver such a notice. The primary purpose of this visit was apparently to harass us. He came at 5 pm on a Friday, so presumably we had nobody to call (Fortunately, I have you!)

I told him to get off my property, as he had not given 24 hours notice to be there.. I told him his name was not on the deed and my neighbor told him he wasn't even married to the owner. He said "People get remarried." I suspect that is not the case or he would have come right out and said so.

Oh, he told me to call his attorney. I told him I would call mine. He repeated I should call his lawyer, I told him I would call mine (As if I had one!) He was actually shouting at us! He's nuts!

My neighbor took out her cell phone and recorded this nonsense. I have home security video.

I know this is rehashing what has has already transpired, but my question is, how can we keep this bully at bay? My adult son has a developmental disability and is terrified of this monster. My neighbor's little kids also witnessed this.