My tenant was just charged with possession of cocaine and I am in the process of evicting her . What can I do to speed up the process? Her lawyer filed discovery with some BS counterclaims-I returned security deposit before he filed papers and he...
If you filed a for-cause eviction for the cocaine possession, then the tenant can only counterclaim for retaliation and discrimination and not for other claims such as security deposit or conditions, if you filed this type of eviction, you can file a motion to strike the counterclaims as they are not allowed by chapter 239 s 8a.
In terms of speeding it up, it depends. You can do an eviction under the expedited process of chapter 139 s. 19, but different courts handle those cases differently and it does not necessarily speed things up.
In any event, you should be sure to hire an attorney, particularly since the other side has one. Good luck.See question
It is the middle of winter. I have a dial that is turned to the coldest setting. This is harmful to my well being because I am starting to overheat.
Excessive heat is a violation of the State Sanitary Code. During the heating season, an apartment must be no hotter than 78 degrees. If your apartment is much hotter than that, you could call Boston Inspectional Services and they will send an inspector free of charge. They will take temperature readings and look to see if there are any other Code violations. If they find any, they will order the landlord to make repairs. This is a good idea both because it can help get repairs made and also because the inspector's report can be good evidence of violations in the event you ever end up in court.
If the landlord retaliates against you for calling the inspector by threatening eviction, starting an eviction case, or trying to raise your rent, you may be entitled to damages for that retaliation in addition to any of the other damages you may be entitled to for the Code violation(s). Best of luck.See question
if we are being evicted how long do i have 14 day's or 3 0's day's . Before being removed my police . need answer so i can be prepared on February 25 TH . Court date. thank you.
If I understand you correctly, your landlord has filed a motion to ask the court to issue an Execution, which is the document that allows a constable or sheriff to remove you from the premises. They are likely arguing that you violated a payment agreement or some other term of an agreement. If the motion has been scheduled for hearing on February 25, then you will have a chance to argue that the Execution shouldn't issue. If it's an issue of money, getting together the money on or before that date can certainly help. If the judge is inclined to allow the Execution to issue, you can also ask for more time before the landlord has you removed. Once the Execution issues, and without an order to the contrary from the judge, the landlord could then have a 48-hour notice served on you after which time you would have to leave. Once the Execution issues, things happen quickly, usually a matter of days, although the landlord could agree to act more slowly.See question
And if not they can sue me for treble damages?+? Is that really possible???
Not if you are refunding the full deposIt. If you are withholding some due to damage to the property and returning a portion then you need both pains and penalties plus detailed receipts and invoices showing the necessary repairs sent within 30 days of the end of the tenancy.See question
I went to court for a missed rent payment, I owed that and legal fees. made agreement with landlord to pay on the 15th of each missed a payment on time and now being asked to go back to court for eviction
The landlord needs to show to the court that yours was a substantial breach of a material term of the agreement. It is almost certain that the court will find the payment deadline to be a material term. The question is whether one missed payment is a substantial breach. If you can contact the landlord to make the payment right away or at least bring a money order with the full payment to the court hearing, you may be able to argue that you should be given another chance. Sometimes landlords file these motions just to get the tenant back on track with payments; other times they do so because they actually want the tenant out.
If you can't afford the payment, your arguments will be tougher but you could tell the court the reason why you can't pay and try to either work out with the landlord, or ask the court for a modified payment plan that you can live up to.See question
I have rented my home month to month to my tenant. I let her know 6 months ago that I needed her to evict my home by December 30. She just let me know that she is not evicting because she can't find a home with such low rent. I am planning to g...
Yes, if you do it correctly, you can achieve what you'd like to do. You would need to terminate the tenancy properly and then offer a new tenancy at the new rent. You need to be careful with the wording in the notice so that you clear that the tenancy is being terminated and that the tenant can stay only under the new terms. As a matter of law, the tenant doesn't need to accept the offer of the new tenancy and the only way to actually get them to leave would be through a court action. I would suggest getting help from an attorney as a poorly worded notice can cause problems later on.See question
I have rented for 9 months and paid promptly the first of each month...The landlord has not paid the water bill which now is approximately $700. and the water has been shut off...He took my rent the first of August and never said anything to me......
I agree that you should contact your local inspector (in Springfield, it's Inspectional Services in the Building Division). They will do an inspection and cite the landlord for violations of the State Sanitary Code, including a lack of water. This inspection is very important evidence of the problem that you can use in court if you decide to pursue damages against the landlord. You should also consider contacting a landlord-tenant attorney immediately as this is a serious violation of MA law for which you may be entitled to damages plus your attorney's fee. An attorney could also talk to you about the possibility of withholding your rent until this issue is addressed.See question
3 months ago this started. I've spoken with him repeatedly about this and he has promised to stop. He knows I have a 15 month old baby and the late night noise seriously affects my sons sleep. We have 10 months remaining on our one year lease.
I agree that "obnoxious amount of noise" can be a relative term in that the same level of noise could bother one person and not another. I suggest you try making a recording. If the noise doesn't show up on the recording, you'd probably have a hard time prevailing in any action to force him to stop. If it does, I have seen judges listen to such recordings and order the upstairs resident to take corrective measures. I agree that a good first step could be a certified letter describing the problem and respectfully asking him to stop (or perhaps mitigate it if it's something a carpet could help with, for example).See question
can the landlord really charge me for....... fire alarm batteries cracked glass on window (from weather)
I agree with the prior attorney. I would add that even if your landlord has complied with all of the security deposit requirements, any withholding must still be reasonable and must specifically exclude "wear and tear." Neither fire alarm batteries nor damage to a window that was not caused by you should be charged to a tenant. You should contact a landlord-tenant attorney as unlawful withholding of a security deposit is a serious violation of MA law the damages for which are triple the amount unlawfully withheld plus reimbursement for your attorney's fees and costs of suit.See question
Our landlord entered our apartment without our permission, and without prior notice. It was also not for an emergency. We have a surveillance camera that has a recording of her entering our apartment, which is also time stamped. Should I call t...
You may want to consider a civil complaint. A tenant has a right to privacy in his/her apartment. Your landlord's actions may be a violation of G.L. c. 186 s. 14, for which the damages could be three month's rent plus your attorney's fees and costs of suit. It could also potentially be a violation of the Consumer Protection Act if your landlord is a commercial landlord for purposes of that statute. You may want to discuss your options with a landlord/tenant attorney.See question