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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11523
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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I rented my home to tenants with a one year lease. The lease

Customer Question

I rented my home to tenants with a one year lease. The lease expired 4/12. A new lease was not extended so they are "tenants at will." I lost my job in NY and was forced to move back to MA Aug.13. I sent a certified letter & gave my tenants 90 days (instead of the required 30days) to vacate the premises before Dec.1st 2013. I am a 61 yr old, divorced woman with a son still in college. The same week I lost my job, I lost child support for my son and any future alimony(I was in a 34yr marriage and an at home mom). My son had to drop out of his senior yr of college because I am now financially destitute and cannot afford to support him in his last yr(he was also working pt time to help). I am currently living with good friends until I get back into my house because I have no place to go. My tenants had a baby in July of this yr and this is the reason I gave them 3 mos to find other housing. They are refusing to move by the timeframe I asked...I am devestated. I have no money for a lawyer, only made $27,000 this yr...their financials show they make approx.$350,000 yr between them. They are threatening that I may have to evict them. I feel so hopeless...
Submitted: 9 months ago.
Category: Legal
Expert:  Andrea, Esq. replied 9 months ago.

Hi, my name is XXXXX XXXXX X will be glad to assist you in any way that I can, but need a bit more information, if you do not mind,

 

1. What is their monthly rent ?

2. Do they, or have they been paying their rent to you on time ?

3. How many months security deposit did they pay you ?

 

4. Did they notify you in writing that they would not vacate within the timeframe you gave them ?

Thank you and I look forward to your reply,

 

Customer: replied 9 months ago.

Monthly rent is $3,100


Have always paid rent on time, however, they are threatening to withhold rent. I have one month's security deposit plus last months rent.


 


They have not notified me in writing that they would not vacate but told me per a phone conversation that, "they are willing to bet that I won't show up on their front door Dec. 1st with a sheriff."


 


Can they withhold rent? I have a mortgage to pay and my unemployment benefits have not been processed yet. I am so despondent

Expert:  Andrea, Esq. replied 9 months ago.

Thank you for your reply, Pat, and your additional information,

 

Please do not bpelesse despondent, or feel hopeless. I will suggest the steps you should take and you will be in great shape. Just do not let the tenants frighten or intimidate you, and always keep in mind that whatever they tell you, they are merely trying to shake you up, but you will show them that you cannot be shaken up because you have me right behind you, Okay ?

 

Good! Please give me a few minutes to type up your Answer ( I do not use "stock" Answers and prepare an Answer for each of my customer's individual circumstances). Also, my typing leaves a lot to be desired, so please bear with me,

 

ANDREA

 

Customer: replied 9 months ago.

Thank you...tenants have always told (& text me) of what a great landlord I have been...I have saved all correspondence to prove this. Then when I needed to get back into my house, they turned into my worst nightmare...they loved my house because it is very beautiful and in a beautiful neighborhood, great schools etc. I lived in it for 29 yrs & brought my children up there...it's the only thing I have after a horrible divorce.

Expert:  Andrea, Esq. replied 9 months ago.

Thank you for your kind patience, Pat,

 

I understand your frustration completely because I have been in that position myself. The problem that I encounter is that the nicer and more considerate I try to be of a tenant, the worse they treat me and the more they threaten that they will do this or they will do that. I can assure you that this is nothing more than hot air and scare tactics and you must show them that you are not afraid of them. If it turns out that you must evict them, well you will evict them and it is not a big deal and neither do you need an Attorney. So, you will not be incurring legal fees.

 

Do not worry about their threats regarding the lead paint. You cannot be held responsible if you never used lead based paint and have no knowledge of what type of paint the previous owners of the property used. As I said, these are all intimidation tactics by the tenants,

 

 

1. First, try to get them to notify you in writing that they will not leave within the time frame you gave them. If they will not notifyyou in writing, no problem; just write them a letter along the following lines,

 

Address it to their individual names, and at the tope center of the page type: "NOTICE TO QUIT"

(Massachusetts General Laws Chapter 239 only requires the landlord to give the tenant 14 days notice)

 

i.e.,

 

Mr. XXXXX XXXXX

Mrs. XXXXX XXXXX

 

As you know, your lease expired __________ , 2013 and you are presently "Month to Month" tenants.

 

This shall confirm our telephone conversation of _______________ , 2013 during which you informed me that I despite my giving you the courtesy of Ninety (90) days written notice to vacate the above captioned property so that I could occupy it, , you will not be vacating the property. As a result of your declining to accept the terms of the aforesaid Notice to Vacate by December 1, 2013, I am hereby retracting and rescinding the 90 written Notice and replacing it with Thirty (30) days Notice to vacate. Please be advised that you must vacate the property not later than November 1, 2013 and return the keys and possession to me at that time.

 

Your failure to cooperate will seriously inconvenience me and cause me to incur unnecessary expenses in locating a place to rent temporarily, moving costs, and Court costs, Attorneys' fees and other expenses related to recovering possession of my property for which I will ask the Court for reimbursement from you and as provided in the original lease whose terms and conditions remain in full force and effect.

 

I am hoping that this matter can be resolved amicably, but it will require your active cooperation. However, if you choose not to cooperate in an amicable resolution, I am fully prepared to assert and protect my property rights by eliciting the assistance of the Court.

 

Kindly advise,

 

_________________________

Your name Here

 

 

If possible deliver this Notice by hand and have someone with you as a witness. If this is not possible, (a) post the letter on the door of the property and (b) send the letter by Certified Mail, Return Receipt Requested and (c) send a copy by regular mail, keeping a copy for your files.

 

 

2. Then, if the tenants have not vacated by the time period you give them and they are still in possession of the property, you must file an eviction lawsuit against them. This is called a "Summary Process". You will file your case in the Housing Court, or other court that handles evictions in the jurisdiction where the property is located.

 

Once you file the Summary Process case, the Constable or Sheriff will deliver a Summons and Complaint form to the tenants, telling the tenants the date and time they must appear in Court. If they do not appear, you win by default. If the tenant does show up, then you will tell the Judge your side of the story (regarding giving them Notice, that you need your house to live in, etc.) You should bring copies of the Notices with you, the original lease, your letter to them, any witnesses, etc. to prove your case. When the Judge rules in your favor, the tenants have 10 days to vacate or appeal the Judgment.

 


Once the 10 day appeal period from the judgment awarding possession to the landlord has expired, if the tenants are still in possession, you will ask the Court for an "Execution". This is the final stage of the eviction process. The Execution is delivered by the Constable or the Sheriff and he informs them that they have 48 hours to leave. If the tenants remain beyond the 48 hours, the Constable or Sheriff returns and removes them physically from your property.

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

Positive Feedback and Bonus are always welcome,

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11523
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 3 other Legal Specialists are ready to help you
Customer: replied 9 months ago.

Dear XXXXX,


 


Thank you so very much for your help in this matter and for giving me hope. I will send the letter and hope that my tenants will vacate. I hope I have the opportunity to get back to you through this site to let you know the outcome.


 


Pat

Expert:  Andrea, Esq. replied 9 months ago.

Dear XXXXX, Thank you for the "Excellent Service" rating and the Bonus, I appreciate both greatly, but what I appreciate the most is that you placed your trust in me and allowed me to help you with a solution to your situation.

 

Remember that the letter should be delivered by hand and if your cannot find them home to give it to them in hand, you can post it on their door and send a copy by Certified Mail, Return Receipt Requested and a copy by regular mail.

 

If you have any questions in the future, please feel free to ask for me by typing my name at the beginnong of your question, like this,

 

" For Andrea ..........."

 

Kindest Regards,

 

 

ANDREA

 

 

Customer: replied 9 months ago.

Okay Andrea, I will. Thanks again...I'll let you know the outcome. -Pat

Expert:  Andrea, Esq. replied 9 months ago.

You are very welcome, Pat,

 

 

 

 

ANDREA

Customer: replied 9 months ago.

Hello Andrea,


 


My tenants are leaving! Thank you so very much for helping me. You were the only one that understood my desperation and gave me hope and concrete information that I could use. I am forever gratefully : )!


 


Regards, Pat

Expert:  Andrea, Esq. replied 9 months ago.

Hi, Pat,

 

Again, you very welcome. I get just as much, if not more satisfaction than the customer in these situations where I was able to offer a concrete course of action that results in a very favorable result to the customer. I am glad that you will be able to move into your house as you had hoped.

 

If you need anything further, you know where to find me,

 

Kindest Regards,

 

 

ANDREA

 

 

 

Customer: replied 9 months ago.

Yes, I will indeed keep you in mind and recommend you to my friends, should they need straight to the point legal advice...


 


Pat : )

Expert:  Andrea, Esq. replied 9 months ago.

Dear, Pat,

 

Thank you so much for allowing me to take part in finding a solution for your situation,

 

 

Kindest Regards,

 

 

ANDREA

 

 

 

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