Tenant moving and left no notice

[panno]

I own a 2 family house in Massachuetts. My first floor tenant and I don't get along to the point where we are not on speaking terms (a relative). Within the past few weeks I've noticed her moving out her belongings. She has not been in the apartment for a week and I have been told by another relative that she's staying at her new apartment and still has a few belongings left in my house.

I sent her a certified letter stating that since she neglected to notify me of her moving and not giving me sufficient time to find another rental, I was allowing her until Saturday (5 days after writing the letter) to remove the rest of her things before I changed the locks. I feel that since it is my house and she gave me no notice, that I should at least be able to give her a time limit on removing her belongings, and not be done at her leisure.

Well, today is Saturday and she has yet to take the rest of her things. I have already arranged for a locksmith to install new locks tomorrow. What are my legal rights on with holding her property?


Here is the letter I sent:

Monday, January 22, 2001

xxx xxx
xxx Street
Everett, Ma 02149

Dear Mrs. xxx:

On Saturday, January 20, 2001, I witnessed the removal of furniture and other belongings from your apartment located at xxx Street, Everett, MA.

Whereas, I received no notice of intending to vacate the said premises, your actions imply you no longer reside there. In view of that fact, I respectfully request the prompt removal of the remaining items left behind. Your failure, as a tenant-at-will, to give proper notice of intending to vacate, does not allow me sufficient time to prepare the premise for rental. Which leads me to establish a time frame in order to accomplish this task.

Effective, the morning of January 28, 2001, I will be forced to change the locks on said apartment.

This will serve as your notice.

Respectfully,
xxx

 

[djdj]

NO you cannot change the locks THAT is ILLEGAL..she can sue your asss but good

...you have to evcit her in court. you have to give her a 30 day notice to move, since the rent is paid for this month, and sue her for any back rent or damages and get a judgment against her.

 

[Divaughn]

Tenant signed notice to move but wants me to evict her.

Back in December tenant said she wanted to leave. She said she was doing to much and that she didn't want to bother me.
She said a lot of things were not working. She said I was not going to fix anyway. I told her I can't read her mind to read her lease. I had been trying to get her to let me in for several months. I even went over there a couple of times when she said she was going to be there and when I got there she would not let me in. Unbeknown to me I could have given her 24 hours notice.
I did check it about a year prior to that,everything was fine. When I finally got in the wall paper was torn off the wall,the bathroom sink was pulled from the wall and has a large broken piece missing, the cabnet has been water damaged. I just had them put in be for she moved in. All the lights were supposed to be broken not working. She had unscrewed bulbs,unscrewed fuses in fuse box and other fixtures. There were a couple of things I had corrected but not to extent that she claimed.
Upon moving in she agreed that her father would do a few things in order to expite her program with section 8. I would buy the materials and he would fix it. He caulked 2 windows and put a piece of wood on the bathroom floor. It looks terrible. I have a signed notice stating that she will be moving on March 1st but is telling me to evict her. Will this holed up in small claim court. Because with the damage she has done and the price of eviction and a threat to me loosing my job it is a little to much for me to take right now.
There must be a loophole somewhere.

Hope this is not to confusing. p.s.
She is on a month to month lease and did not give me sufficient notice. Divaughn

 

[djdj]

Hey you wanted to be a landlord....if you dont like it then sell the house...

Ya gotta take her to court ya gotta spend the money, and ya gotta get better tenants...

or sell the house....then no worries about losing your job right?

sorry you are not cut out to be a landlord.

 

[panno]

reply to DJDJ------

DJDJ


I stupidly forgot to mention that she has not paid me rent in 6 months and at least point it's not even worth me suing her for back rent. I just want her gone and this to be over and done with. She was a tenant-at-will.

Also she has already vacated the apartment. So if she's already gone, do I still have to go to court for an official eviction?
Thank for your quick response, I truly appreciated it.




[Edited by panno on 01-28-2001 at 08:37 AM]

 

[djdj]

go ahead and change the locks if you feel lucky.......

she probably wont do a thing, knowing she owes you a lot of money...and she doesnt have a dime.

but my answer still stands.. SELL THE HOUSE, and stop being a landlord

Unless you really want to educate yourself about a little known country called America. And our Judical system

Sounds like you dont want to learn...so SELL the house.

 

[panno]

What the hell do you mean by sell my house and stop being a landlord. And what does losing my job have anything to do with what I posted. I never mentioned anything about my job.

I've owned my house for several years and this is the only problem I've had with any of my tenants and it's only because it was family. I think you might be confusing my post with the second reply, that has nothing to do with me, they just made a mistake and replied to my message instead of starting a new thread.

[Edited by panno on 01-28-2001 at 09:25 AM]

 

[djdj]

OK maybe thats it...but still you have to treat family just like a real tenants and evict like anyone else.

Since she hadnt paid in 6 months no judge will get mad at you for this....

[Edited by djdj on 01-28-2001 at 09:32 AM]

 

[panno]

Thank you