Legal Question in Landlord & Tenant Law in Massachusetts

Tenant not paying rent

Hello,

I am a co-owner and a landlord of a 3 Family Dwelling in Attleboro. I have been having issues with my second floor tenants who moved in July of 2008. I have been having problems collecting the rent every month they have lived there. I have been patient and cooperative while they have lied to me and not returned my calls. It has reached the point where they are not paying at all. The last thing I wanted to do was involved the courts because of the lengthy process involved. I am in jeopardy of losing my property due to their non-payment. Is there any way I can put a lien on their belonging's or garnish their wages.

Thank you,

Ted


Asked on 12/02/08, 8:51 am

2 Answers from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Tenant not paying rent

You should commence an eviction action with your tenants immediately. The sooner you get these tenants out, the sooner you can get paying tenants in.

You could bring a small claims action agianst your tenants for the rent owed, but that will not get them out of the apartment, and they will likely stop paying rent completely once they are sued.

You should probably contact an attorney where you live to represent you in the process. You will need to serve them with a Notice to Quit to terminate the tenancy and then bring an eviction action if they do not leave the apartment.

The process can be timely and expensive if deadlines are not met and certain procedures not followed. Remember, it is illegal to attempt to evict them yourself (by changing locks, throwing their belongings to the curb, etc.). No matter how difficult things get, do not co-mingle your tenant's funds (last month's rent and/or security deposit) with yours.

Feel free to contact my office should you require further assistance.

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Answered on 12/02/08, 9:58 am
Joseph Murray Joseph M. Murray, Esq.

Re: Tenant not paying rent

The sooner you retain an attorney to start an eviction action the better. Good Luck!

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Answered on 12/02/08, 12:13 pm


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