Legal Question in Landlord & Tenant Law in Massachusetts
Tenant
My tenant has not paid rent for two months (owes $1,000). Has not been seen for two weeks and has abandonded apartment and left what seems to be the TV on. His car has been repossed twice. The electric in in someone elses name. The gas has been cut since last summer. We have been told that he may have moved to Orlando Florida. What can I do?
2 Answers from Attorneys
Re: Tenant
Send a 14 day Notice for non-payment of rent. Followed by filing an eviction proceeding as a summary Process. Assuming he does not respond, you show-up and take a judgment and have his belongings removed.
Re: Tenant
Mr. Roth's process is the technically correct avenue. It will also take extra time.
You may also first want to have the police join you in opening the property as a "wellness check." With the TV going, you certainly have the right. If, upon doing this, you do NOT discover a body, you might then get an opinion that the property is indeed abandoned.
I do not state that an abandoned property can be dealt with differently. However, you need to know, at the very least. You might also then at least turn off the annoying TV, and you may have other options toward obtaining possession of the property. I have not researched this at all, and I would actually advise as Mr. Roth without further research.