Legal Question in Real Estate Law in Massachusetts

Re: Increase of rental property and lease signing and eviction

MESSAGE 1 of 2:

First, real world advice:

A) Give them a call on or a day or so before the end of the month ... say, TODAY (THURSDAY)! Tell them why you are raising the rent (but you need not write it down) and do so in a way that, hopefully, convinces them to agree. Without their agreement, you do not have a higher rent, but you don't have to say so to them. If they don't accept the increase, you would normally start eviction proceedings, which is something to be avoided (because YOU will lose more than they will, most likely!). Keep the relationships friendly. If the relationship is already sour and that's why you're increasing the rent, please write to me for some additional specific advice.

If you are raising the rent because they are causing you to have to do work around the place that's costing you money, don't explain your reasons after all ... and don't even try to raise the rent!

Assuming that they accept the lease and are willing to sign the lease, ....

b) Follow the phone call with your notice of increased rent or a letter confirming the rent increase that you two discussed on the telephone; try to make sure it gets there, even if you have to hand deliver it yourself (and preferably you do) by tomorrow (FRIDAY!), since you normally must give 30 days notice of a rent increase ... although, again, such increases don't HAVE to be accepted, in which case you'd want to give 30 days notice to "quit" (leave) -- but that's to be avoided, again, for various reasons. Anyway, it's not ONLY 30 days notice for each kind of notice, but it's 30 days AND ending on a rent due date, i.e., 30 days prior to the 1st of a month (right? Is that when you collect rent?).

Best by far on the last day possible to have it delivered by a constable; they're cheap and they are in the phone book and easy to find and very good. Get it done by 5 PM. Make sure your call precedes it so they're cool and you've had a chance to tell them that you're required to deliver it formally and you're not trying to attack them. It's also possible to use Express Mail and keep the receipt.

CONTINUED!

Re: Increase of rental property and lease signing and eviction

MESSAGE 2 of 2:

(CONTINUATION)!

c) I GUESS you can give 60 days notice but most landlords don't do that.

d) Make sure you both SAY and WRITE that you anticipate signing a 1-year lease at the new rate effective the 1st of XXX (whichever month you are targetting).

If they choose not to sign a lease or accept the increase, and they don't have any valid defenses, you can start eviction proceedings. There are a lot of valid defenses under the law, so you need to be careful ... actually, consult an actual attorney if the phone call leaves you uncertain what they're going to do and then DO NOT blindly follow any of the above steps. That would then be bad legal advice and under those circumstances I disavow the above advice!

The fact that rent is low and the notice longer than usual does play in your favor against an accusation of retaliation, should that come up, but it isn't a hands down winner.

Retaliation is a claim made when rent is paid up

and an inspection is made by the city or health dept. OR a note sent to you by the tenant about a 'condition' (code violation) in the apartment.

Last comment: each rental situation has unique aspects and I haven't asked you a lot of question that any attorney should ask before giving advice. Please, thus, know that this message could be steering you entirely wrong because I don't know all the facts of your case (your unit, subsidies involved, your tenants, your history

with them, the condition of the premises, whether you have last month's rent or security deposits, unusual rental terms, etc., etc.) So take this with a grain of salt and consult your own atty!

You may call me if you'd like to hire me, though.