Legal Question in Real Estate Law in Massachusetts
evicting illegal aliens
my situation is: I have sent a notice to quit to the tenants in my 2 famiy home for non-payment of rent which was delivered by a constable:they had 15 days to move out...they still have not left. I then had a constable deliver a 2nd notice in which they are summons to appear in court... Now my question is: they owe $3,350.00. I know I am going to get judgement for them to pay rent that is owed, but my fear is since I just recently found out that they are illegal they will eventually move out, not pay what they owe and continue to rent from someone under a different name and therefore iI will not be able to find them to collect. Is there any way I can change the locks and keep there things until they pay or ensure some way of getting what is owed?
1 Answer from Attorneys
Re: evicting illegal aliens
You can not and should not change the locks. Any interference with the tenancy will result in you owing the tenant money for damages. The damages can be three months rent plus costs and attorney's fees. The reality is that most landlords are not able to recover a money judgment from the tenant unless you can locate assets held by the tenant (bank account, real estate, etc.),however, most non-paying tenants have no assets to attach. In some cases, you can ask the court to attach the assets prior to satisfy the judgment (assuming you prevail on your case). Post judgment, you could also file a supplementary process case and ask the court to put the tenant on a payment program. In most cases, the amount of time, effort and money required to chase a tenant to collect a judgment is just not worth it. The best way to look at the situation is that the faster you can get the non-paying tenant out and a paying tenant in, the better off you will be.
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