Legal Question in Real Estate Law in Massachusetts

The Situation: I am writing as a member of the Board of Trustees of a 50+ unit condominium. There is a tenant who has been consistently disruptive. Issues range from untidy balcony to defacement of the door to the unit, to unwarranted noise and having unsupervised children playing in the hallway to the far more serious issues of drug use and suspected prostitution. These matters have been brought to the attention of the Unit owner. The owner�s approach has simply been to pay whatever fine is levied by the Association as a consequence of the tenant�s behavior and allow things to continue. This is unsatisfactory and is causing good and reliable owners to consider selling their units and moving on. This of course is not the desired outcome. What steps do we need to take to evict the tenant?

The Resident Handbook has a section which reads:

�The Condominium Association is a party to all leases. The Trustees have the right to evict the tenants of non-resident owners for cause, the costs to be paid by the Unit Owner. For a full text of this section, please contact the Management Company.

FULL TEXT OF RULE #20

Unit Owner hereby expressly represent and warrant that he/she shall ensure for himself/herself and for his/her tenant's (if applicable) guests, invitees, licensees, and all other parties lawfully on the Premises, that such person shall not create a nuisance, make or permit noises or acts that will disturb the right of quiet enjoyment of others at the COMMONS OF LYNN CONDOMINIUM nor engage or permit to be engaged on the Premises or on the said Condominium any unlawful activities.

A violation of the above-described covenant shall constitute a breach of a material term of these Rules and Regulations. Unit Owner hereby expressly grants and assigns to the Trustees of COMMON OF LYNN CONDOMINIUM ("Trustees"), and Unit Owner's tenant is deemed to have consented thereto, the rights to evict Unit Owner's tenant arising from a breach of the terms and conditions of this paragraph. Unit Owner hereby irrevocably appoints and authorizes the Trustees and the management agents, coupled with an interest, to act as attorney in fact for Unit Owner, together with such powers and to execute such documents as are reasonably necessary, to enforce the Trustees' right to evict Unit Owner's tenant.

Notwithstanding the foregoing, the Trustees and their management agents shall not be required to initiate eviction proceedings and the Trustees or their management agents shall not be liable for any action taken or omitted to be taken, except for their own willful misconduct. All expenses, including reasonable attorney fees, which the Trustees or their management agents incur in enforcing the eviction rights hereunder shall constitute a common area charge to Unit Owner and may be enforced as other common area charges are enforced as provided in the underlying Condominium Master Deed, Declaration of Trust, and By-Laws.

Except as hereby supplemented, the said Rules and Regulations remain in full force and effect and hereby ratified and affirmed. This paragraph 16 shall become effective immediately upon passage by the Trustees, and all Unit Owners must promptly amend the leases with their tenants to include the Condominium Eviction Rights Addendum (attached hereto) or be subject to the Trustees' penalty policy for failure to adhere to the Condominium's Rules and Regulations.�

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