 Summons served... (by John [MA]) Nov 2, 2011 7:14 AM
 Summons served... (by Wallace CPM [VA]) Nov 2, 2011 7:22 AM
Summons served... (by bet [MA]) Nov 2, 2011 7:33 AM
Summons served... (by John [MA]) Nov 2, 2011 8:05 AM
Summons served... (by Mike45 [NV]) Nov 2, 2011 6:21 PM
Summons served... (by BRAD 20,000 [IN]) Nov 2, 2011 8:29 PM
Summons served... (by John [MA]) Nov 3, 2011 6:35 AM
Summons served... (by Mike45 [NV]) Nov 3, 2011 1:48 PM
Summons served... (by John [MA]) Posted on: Nov 2, 2011 7:14 AM
Message:
State Specific Question About: MASSACHUSETTS (MA)
Tenant gave me 30 days notice when I collected their rent on October 1st. They had paid their last month's rent at the beginning of their tenancy. October's rent was short by $70. I issues a 14 day notice on October 11th. No reply from tenant. Summons served on October 31st for court date on Nov 18th. Yesterday tenant called saying they were ready to move out, but wanted their last month's rent back. I agreed to give it back minus the back rent owed and costs for the 14 day notice, and summons filing. Tenant also denies receiving summons which I confirmed was posted by constable. Tenant did not leave yesterday, nor did I give any money back. When I go to court, and the court officer asks what the tenant owes do I just say $70 plus the court costs? They technically won't owe me anything for November since I have their last month's rent correct?
--170.63.xx.xxx |
Summons served... (by Wallace CPM [VA]) Posted on: Nov 2, 2011 7:22 AM
Message:
You had the $70 in the LMR you originally collected. You need to dismiss your case and return them their PREpaid rent.
FYI * courts have ruled that when paying their LMR up front, residents have paid their last month's rent no mater WHAT the rental amount is at the time of move-out --184.5.xxx.xxx |
Summons served... (by bet [MA]) Posted on: Nov 2, 2011 7:33 AM
Message:
When you go to court they will figure all that out when they 1st ask you what the tenant paid in advance and whether nov or oct rent has been paid. They will also include court costs. You can't claim the costs of the 14 day notice. Continue to court, also they have to give you notice before the rent is due, so Nov is their last month and they owe you for Oct. --74.104.xxx.xxx |
Summons served... (by John [MA]) Posted on: Nov 2, 2011 8:05 AM
Message:
That's what I was thinking bet. I know with evictions in the past they tally up all the court costs, and notices, etc. I thought the 14 day and the summons were part of that tally, but I'm probably wrong. It's been a while. --170.63.xx.xxx |
Summons served... (by Mike45 [NV]) Posted on: Nov 2, 2011 6:21 PM
Message:
Unless you have failed to give the full story, you screwed up.
On Oct 1, if they gave you 30 days notice, they were supposed to be out on Oct 31. They had already paid Oct 2011 as their last month's rent, and they should not have given you any rent on Oct 1. By giving you partial rent on Oct 1, they overpaid. Your 14 Day Notice was improper, because they had overpaid -- they didn't owe you a penny. Your summons is based on a false 14 Day Notice.
I would get them out and refund the last month's rent less $70 less the prorated rent for the days in Nov that they are in possession. Then I'd dismiss the lawsuit and thank the Lord that they have left and have not gotten you in trouble for your misconduct.
--216.240.xx.xxx |
Summons served... (by BRAD 20,000 [IN]) Posted on: Nov 2, 2011 8:29 PM
Message:
Cleaning and repair costs?? They place could be trashed and always needs to be cleaned. --50.129.xxx.xxx |
Summons served... (by John [MA]) Posted on: Nov 3, 2011 6:35 AM
Message:
Mike, looks like I left out an important detail. On Oct 1, they gave me notice that they would be leaving by the end of November. However, they were short $70 for October's rent which is why I issued the 14 day notice on the 11th. They found a place and want to move asap since they're already paying rent there. (Funny how that works). So, should I have put the last month's rent towards the $70 owed instead of issuing a 14 day notice? Regardless, it's all set. They ended up moving out last night. There were some damages that I'm pretty upset about. I asked what they were going to do about the damages, and we worked something out. I changed locks and walked them out. They had a small entourage with them which I found amusing... --170.63.xx.xxx |
Summons served... (by Mike45 [NV]) Posted on: Nov 3, 2011 1:48 PM
Message:
John, that was a pretty important detail!!
I'm glad it worked out. You still had the security deposit for the repairs, if you were not able to work things out, right?
Getting possession back so you can fix it up and get it rented to new people is the bottom line!
Yes, under the revised version, the $70 shortage in Oct rent was grounds to issue the Notice To Pay Or Quit. You are not obligated to let them use the Last Month's Rent against anything prior to the last month.
--216.240.xx.xxx |
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