State Specific Question About: MASSACHUSETTS (MA)

Does a "written response under oath" mean a response that is notarized? How does a landlord do this themselves?

Whenever I have answered, the automatic 2 week delays, I mean tenant requested discovery, I just answered as short as possible preferably with a yes or no then signed & dated where required. I don't recall ever having it notarized.

In my all time favorite discovery the tenant only asked 3 questions.

1. What as the tenant's name?

2. What was he tenant's address?

3. What as the LL's name.

my keyboard appears to be sticking those should have been;

1. What was the tenant's name?

2. What was he tenant's address?

Written response under oath reqires a statement that declares that the foregoing is the truth under penalty of perjury, or like language. Doesn't require a notary.

Write up the response. Then, insert the following paragraph:

"I declare under penalty of perjury under the laws of the Commonwealth of Mass. that the foregoing is true and correct. Executed this __ day of June, 2011 at _____[name of city or town], MA."

And sign it.

Wow! I am so glad I found this website!! Thank you Steve, Mike, and Moshe.

Unfortunately in Lowell, MA we have a wonderful taxpayer funded service called Community Teamwork Inc., that gives free legal to tenants, but not landlords. They give them this wonderful package on how to basically defraud your landlord.

Luckily in the six months of trying to work with my tenant, she gave me the entire package (not just the forms) so I know exactly what she is going to try to pull this time around. I am on 14 Day Notice #3. No deals this time.

Tammy, you have the wrong perspective on this matter of a community agency giving legal advice to a tenant. We are in a business which is very heavily dependent on legal issues forming the basis of what we do. It is essential that a landlord understand well how the legal procedures work and what they are intended to do.

The law works on the presumption that everyone should know their rights, so as to be able to come to the proper conclusion in court. There are reasons why the law is formulated the way that it is. I don’t know if MA has structured their laws as fairly as CA, but both you and the tenant should know how they work and what the intent is for them to be used. I don’t know what you mean by 14-day nice #3, but it sounds like you are inexperienced in how MA law is used.

Everyone needs legal advice in these matters. You should find a good landlord/tenant lawyer and work with him steadily until you understand yourself how these matters are dealt with.

Perhaps the heart of the matter is the need for careful screening of tenants, and choosing them. Maybe your choice of rental property is not as problem-free as you would like it to be. Maybe neighborhood (or maybe even state) is not such a good investment.

I wouldn’t look at it with such resentment because tenants get legal advice. You should get legal advice too, good advice, and learn how to deal with such matters.

I don't know if MA restricts you ability to contact the tenant. What makes you think that you can collect or get her to leave by having more contact with her or showing up at the property? If you can't collect the rent, why not use the remedies that the law gives you?

Greater Lowell Landlords Association

MEETINGS: 2nd Wednesday of every month.

TIMES: 7:00 - 10:00pm

LOCATION: Holiday Inn, Tewksbury.

Contact: Richard E. Macdonald, President

Membership Fee: $85

Phone: 978-851-4330

Email: macdonaldre@comcast.net

Address: GLLA

1080 Main St.

Tewksbury, MA 01876

Attached Document or File The Greater Lowell Landlords Association

Moshe,

You are mistaken. Actually, I have more legal experience than you give me credit for. I screened this tenant for credit, eviction and CORI as well as verified employment and licensing. I should have been stricter with the paperwork. Yes - I am new at this.

A third notice to quit means that I started the process, paid for it, and dropped it in an effort to help this person twice before now. I even loaned her money to help her pursue "no child support" which turned out to be a half-truth, and not the source of income she led me to believe.

As far as my dislike of CTI, I will agree to disagree with you that I find it unfair that free legal advice is provided to tenants and not landlords. I don't like that the cover sheet encourages tenants to file them frivolously to get two more weeks! I am not in this for the investment, I was in a position were I had no choice but to move, and had to rent my property.

Tammy, above is some information on a LL group in your area. IMO it's to every LLs benefit to join & participate in a LL group.

I am sure that someone from this group could suggest a course of action for you.

Is this your first eviction? Will you be representing yourself? Are you taking them to housing court or district court? I prefer housing court since it automatically eliminates at least one of the tenant's delaying tactics.

My eviction policy has always been that when a tenant fails to communicate or lies, I start the process & don't stop until either I get all of my money (including late fees, summons fees, etc) or a court judgement. Once they have been served I make it a point to not discuss anything about the eviction with them. I find that you will only get them more angry & upset, you'll be considered even more of a mean SOB LL and more important your blood pressure will definitely rise.

I am in the process of doing a non-payment eviction for a tenant who has only rented from me since last August. Once she received her summons from the sheriff she left me a voice mail stating that she will be moving into a shelter by the 26th. No mention of any month or anything about her promise to be gone before June 1, 2011. I am sure that she thinks I will believe her & not bother to pay the $135.00 filing fee for the case to be put on the docket for July 5, 2011. However I have already cut the check and will be appearing at 8:30 AM on 07/05/11 at the Lynn session of the Northeast Housing Court to get my judgement.

One last thought did you know that if this is a tenant a will they have the right to cure by paying within 10 days of receiving the 14 day notice all of the monies due. They only have the right to do this once in a 12 month period.

If they are tenants with a term lease they can cure by paying all monies due by the answer date. They can do this any number of times during the course of their tenancy.

Steve - Thank you - yes, I have chosen the housing court over Lowell District. I have not found District helpful in the past, but the folks in Lawrence are wonderful.

Yes, sadly this is a first I would rather not have. Same deal - she's been in since August of last year. I should have followed your policy, because she's been lying since December. I would have had her out by now.