Massachusetts Eviction

I purchased a building in Dec 08. The place needs a lot of work and at the time, I asked the tenant if he had any issues with his apt., to let me know so I can fix them. He said he had a problem with his toilet so my boyfriend went right up to fix it. We told him to make a list of things that he thought needed to be fixed or improved and his only issue was the lock on the downstairs door. Since I didn't have an issue with the door, I never fixed it. The tenant didn't pay me Jan's rent because he lost his welfare check because he didn't complete his community service. Because the tenant didn't have a vehicle, my boyfriend went out of the way to take him to the appropriate office to get back on Welfare. We also suggested that he seek help from a local agency to pay the Jan rent. A couple of weeks later, he told me that we should be receiving a check for the Jan rent from a catholic charity. Long story short, over the next few months I found out they only pay $200, not the rent in full and that the tenant was not elligble because he had already used them as a resource. In April, he stopped paying me rent because he once again didn't complete his community service. He claimed he got a job and that I would get my rent in a couple of weeks. Needless to say, I haven't seen a dime since 4/15 so I filed a 14 day notice to quit. He went to legal aid and answered the notice with a laundry list of problems that he has in his apt., claiming his living conditions is the reason he's not paying rent. Any living conditions he has, he has had long before I owned the place and if he would clean the place once in a while, it probably wouldn't be so bad. I have only been in his apt 3 or 4 times and it's disgusting. Dirtly dishes, stuff stuck to the stove, a ring around the tub so thick, I wouldn't wash my dog in it..he and his 2 teenaged daughters live in filth. I have asked him on numerous occasions to keep his apt clean. In his response, he claims he has mice, roaches and rats. I live below him and do not have a problem neither does the tenant on the first floor. He claims his toilet leaks, if the fix didn't work, why not tell me? He claims his stove doesn;t work and has to light his stove with a match. It's a gas stove, I have to light mine with a match too and as far some of the jets not working, it;s gass, clean it so the gas can get through the little holes. He also notes that there is no lock on the basement back door. There isn't. It does not have a lock but is barracaded on the inside and there is a lock on the door leading from the basement to the interior halls. Had I know about any one of these so called issues, I would have remedied the situation right away. Any money I put into the place only adds to it's value. I don't mind paying for an exterminator but I really don't believe he has rats in his apt. I believe he's lying to avoid paying me. Every penny I have is in that building, I can't afford a lawyer and Mass is tenent friendly (there's a like a 200+ page booklet on how to avoid eviction on the Comm of MA website), land lords have few rights to their own property. It's basically a case of he said, she said. What can I do? Do I have ANY recourse? Can he withold rent without giving me a chance to correct a problem? Will I ever see a dime of the money? Will I ever get rid of this parasite?

Please, any input will be appreciated?

No he normally cannot...you have to keep working with him to resolve any issues but he has to pay, or you can evict. You may want to start the eviction process.

World Law Direct's MA lawyers may also be able to help you get him out sooner. You may want to email them on the home page as well.

This is common. Complain about problems when you haven't paid rent and the LL wants to evict. If he hasn't ever given you a written list or request for repairs, you have not been notified of them. He cannot rent withhold on them. Rent witholding is only permitted for habitability issues, only after you notify the LL and allow him a reasonable amount of time to repair, and only if you deposit the rent with the clerk of court. (A tenant doesn't just get to keep the rent in rent withholding.) See Mass General Law chapter 239, section 8A.

Make repairs on anything that is necessary, but not on unneeded (cosmetic) items. Call an exterminator to check for pests. If none found, have him give you a report that says so. If he finds some, have him treat the place. If any repairs are due to the tenant's negligence or fault, bill him for the repairs. If the stove only needs cleaned, call a repairmen to do so and bill the tenant for it.

Document your attempts to correct everything. Then call the building inspector to show that there are no issues. Then you can serve the pay or quit notice and evict.