Legal Question in Landlord & Tenant Law in Massachusetts
trashed and failing to pay rent
tenant left the house upon expiration of lease.and at such time was in arears 5 months rent($10,000). upon leaving ,house was ''literally'' trashed and xpensive rugs stained.such person left behind a few expensive items. can i hold these items for ''ransom'' untill back rent is paid and the cost of cleanup that i incure? i do have pictures of the areas of house which he ''trashed''( aprox 11 bed rooms, 1 kitchen, 4 baths,1 study, 1 weight room,3 alcoves.
anticipating changing locks, in which case he would be trespassing or breaking and entering in order to retrieve his items.
he makes good for the back rent owed and the cost of cleanup of the areas he made unkempt,i return his merchandise.
2 Answers from Attorneys
Re: trashed and failing to pay rent
Retain an attorney to advise you how to proceed as Mass. Landlord tenant law is a trap for the unwary. Even if tenant appears to have abandoned property, tenant must have received prper notice to quit to terminate tenancy and have been ecicted by properly served evicton action before landlord would be entitled to sell any personal items tenant left behind ONLY after having stored them with a bonded storage warehouse for the time required by statute (which I believe is 90 days). A landlord's failure to comply subjects him to countersuit by the tenant for wrongful eviction which can further subject him to triple damages and attorney's fees under the Consumer Protection Law. Tread lightly in these dangerous waters. Good Luck!
Re: trashed and failing to pay rent
You should contact an attorney to assist you. Landlord Tenant law has a great many pit-falls.
You can sue the Tenant for back rent and damages. As to the property you need to seek an attachment from a Court with appropriate jurisdiction, when you sue for the rent and damages.
I suggest you contact an attorney in your area that regularly does Evictions and collection work.
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