Legal Question in Landlord & Tenant Law in Massachusetts
filing a lien on potential future income
I'm a landlord-
a Section 8 tenant has been paying only a portion of the calculated ''tenant share'' of the lease contract for 1 yr -($71-175 out of the $389/mo figured by the Housing Authority)- initially I accepted it b/c she was ''going to straighten it out and get back up to the full amount..''; the Housing Authority says they have already done the correct calculation and the $389 is right; therefore, the outstanding amount increases every month. According to the HA, if I file for an eviction based on non-payment, the contract terminates and all payments end. Good luck getting an eviction done in less than 6 months in Mass. and I can't afford to be getting zero rent for even 2 months.
She has said that she ''may get a settlement for a back injury disability claim''. All I can think of is getting a lien on file against that potential payment.
How do I do that, and do you have any other suggestions?
2 Answers from Attorneys
Re: filing a lien on potential future income
You either have to get her to sign an agreement that says you are to be paid out of the proceeds of any settlement and send a copy to her attorney or get a judgment against her and serve a writ of attachment on the attorney handling the case.
The agreement should indicate it is security for the consideration of giving her more time. This will not necessarily protect you if she files bankruptcy, but it should be sufficient.
If you need assistance with the document, you should contact an attorney. If you have additional questions, please feel free to call me.
Re: filing a lien on potential future income
I don't think a lien is possible in this situation.
Unless the lease term is set to expire in the next few months, I might proceed to eviction. Once you have a judgment, then you can seek to use other methods like "reach and apply" to get at the proceeds (if any) of any personal injury settlement.
Your tenant is taking advantage of you, and you will probably never see that money anyway - whether you evict her or not. At least if you can remove her, you can find a new tenant.
If you would like representation in this matter, or general landlord representation, please do not hesitate to contact this office.
www.vaughnmartel.com
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