massachusetts rental laws

does anybody know how to get out tennants who havent paid rent in months and cant evict them , single mom with kids… This seems to be problem in this region

The proximate cause of this aggrevation is that the “People’s Republic of Massachusetts” sold out to the farthest left liberals many years ago…good luck – it was the biggest reason I left. There is an expectation that you, as a “wealthy landlord”, should have to redistribute your holdings to those that cannot/will not do for themselves. Not only is this person probably dependant upon the Commonwealth but is sponging off of you!

Have you taken the case to a lawyer or to court?

Is she receiving public assistance (especially for housing)?

What does she say when you make a demand for payment?

Are you documenting everything (every demand, every late/missed payment, all arrearage, all interest, all late penalties)?

MA Laws “favor” tenants. In order to evict a tenant you will need to start Summary Process (aka Eviction proceedings). You can do this pro se (without a lawyer) or hire someone to represent you interests. I would suggest hiring a lawyer, anyone who is not paying their rent probably qualifies for legal aid and will be represented by an attorney. Do not self help…do not threaten, withhold services, turn off utilities…the courts hate this and you could be subject to criminal sanctions.

You can get them out, you just have to follow the letter of the law. Assuming you have held up your end of the bargain you should be okay. I have found some good reading on the following website http://www.lawlib.state.ma.us/landlord.html. Gives a good general overview of MGL’s regarding landlord/tenant.

I live and work in MA as well and have been afraid to jump into the rental market becuase of the very issue you are having.

Have you tried to evict them? Are you in an economically depressed area of MA?

Good luck -

Thanks for all the feedback… Im located in Southbridge MA which yes has a Welfae center there… I have noticed this concern of many landlords in this area… & have been faced with this same problem… LThanks for the link… Its not fair , why should we have to pay for their way and pay property taxes… They certainly want their money for taxes ! but are lil assistance to solve this problem…

It certainly is not fair…especially if your renter is receiving any sort of public assistance ESPECIALLY for housing and then not paying the rent.

Let’s see – you pay mortgage, taxes, insurance, maintenance, management, vacancy, etc…and she pays --well – nothing!

Massachusetts used to have a tax code that did not allow deduction for Interest paid in but did give a tax credit for rent paid…now this was 30+ years ago but, nonetheless…

She is basically being rewarded (or at least “non-punished”) for her bad behavior, fiscal irresponsibility, and being a deadbeat. Way to go Massachusetts!!!

I’m originally from Western Mass – no jobs, high real estate, high taxes and NO representation in congress (at either the state or federal level).

Is it the same way in CT & RI also ?

I’m just the opposite – originally from Illinois but now living in Western Mass and everything you say is true (you left out the high insurance – we are the only state that does not believe in free market insurance – my insurance for a small pickup in a tiny town in Western Mass is twice what my sports car was in downtown Chicago – there is also no deduction for age/marital status/etc, becuase, you know, that would discriminate…)

There was a effort in the General Court to create a rental escrow law – the biggest problem that I’ve heard from Mass landlords is people breaking a window, refusing to pay rent since the state law says you can withhold rent if the property is not in livable condition and then breaking something else when that is fixed. The escrow law would make the tenants pay the state the rent if the property was unsafe but it was shot down by the inner-city Cambridge/Roxbury members of the GC – they said it was discriminatory. Unbelivable.

I love this state…

Unbelieveable… Where is the protection …