Legal Question in Real Estate Law in Massachusetts

Re: Tenant admits she owes rent but won't pay

How much does she owe you? You must determine that. If you want to pursue her, start with the highest figure you can justify. After being parried and avoided, you'll always wish you'd started high, as I've found out the hard way.

As for finding out her address, there are a few detectives tricks that a few lawyers know about, but the main thing is that you get her address; there'd be no point to sue if you can't get her address which you'll need at least to collect, right? And if you sue without knowing her address, you give her an opportunity to deny that she knew about the lawsuit and if she defaults (doesn't show up), she gets a chance to remove the default, well-justified if in fact she is not actually summoned.

Suits are started in small claims (under $2,500 ? or is it $2,000) usually or else in district court, your choice. The district court suit starts with a filing fee in Mass. of $110 and then a constable serves the Summons and Complaint for a cost of $30 or more. If she doesn't respond to you within 30 days (maybe less), you win a default in the District court suit. In small claims, which costs about $19 to file (and the "service" is made by the Court!), you will both be given a hearing date a couple / few months out and you are expected to show up. Small claims needs an address for mailing, of course, as does a constable. You give the best address you have.

If you file in District Court, you can have a lawyer seek forwarding addresses from the U.S. Post Office on your behalf. This is one good legal way to get a new address. It'll cost you some money for the lawyer's time. There isn't always a forwarding address filed at the post office, though.

If she's out of state, you can't sue in this state. If she's far enough away but still in the state, you might have to sue near to where she lives, depending upon the court you use.

I frankly think she owes the $600+ figure anyway; you had an understanding of how the rent would be calculated and when it was calculated that way, she had a misapprehension about how much it would be but you never misled her. It seems that she thought you were doing her a big favor and just GIVING her a place to stay, as a favor, and not expecting her to pay a serious rent, but that doesn't mean you have to abide by her expectation; she still should be paying what's fair.