Legal Question in Real Estate Law in Massachusetts
evicition
Tenant was evicted and destroyed apartment. He was ordered to pay back rent. He did not. What is my next step? Will I ever be able to get my back rent?
"I AGREE"
2 Answers from Attorneys
Re: evicition
You can go to District Court and file a supplementary process action. If the tenant maliciously
damaged the apartment, it may constitute a crime. If that is the case, you can go to District Court and
file an application for a criminal complaint to issue.
Alan Pransky
Law Office of Alan J. Pransky
20 Eastbrook Road
Re: evicition
Get your back rent? Probably not, and almost certainly not soon.
How much did the damage come to? How much back rent was ordered?
Depending upon the totals, and depending on various factors about
the tenant and your information on the tenant, it may or may not be
worthwhile even to pursue the tenant.
1) Do you know where the tenant lives now? Works?
2) Do you have any copies of any recent checks from the tenant that
would tell you where they bank(ed)?
3) Does the tenant own a car or any other thing value?
4) Will the tenant be looking for any credit anytime soon, or want to
move into a place that checks credit ratings?
5) Do you have the tenant's current phone number? Does the tenant
hang up on you when you call (or don't you even try)? Did you use
a lawyer for the eviction work (and is that lawyer willing to take on
this collection work)?
I've got a couple of deadbeats that I pursue, sometimes for a very
long time. It's a tough row (road?) to hoe, and the main key is to
be patient with your lawyer because it is a very slow process.
In one case, I had an ex-tenant grabbed from his place of work
and brought into the courthouse, and was to be kept there in a wee jail until the
judge and I showed up, when he'd have been ordered to pay the cost of the civil
arrest ($250) plus what he previously owed, of course. Instead, the
arrestor took him to his bank and got cash for the whole amount.
In another case, my client is owed $5,000 by a married couple; they applied to live
in an apartment building and were turned down because I'd listed them with a landlord's
reporting bureau service I'm part of. I have found out their new phone number after
they moved leaving no forwarding address at the post office or elsewhere nor a forwarding
phone number using a certain detective agency. But I still haven't collected the money.
It's mounting at 12% per year simple interest and it's been a couple of years, and they're
not going to be able to get any credit until they reckon with me.
(I know one guy who paid
a bill 8 years later to clear up his credit report.)
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.
Newton, MA
02459-2509
Tel. 617 527-0050 (or toll-free 888 527-0050).
Call if I can be of service to you.
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.