 Court Allowed Stay (by Patti [M]) Dec 30, 2011 12:49 AM
 Court Allowed Stay (by Patti [MA]) Dec 30, 2011 12:51 AM
Court Allowed Stay (by Steve [MA]) Dec 30, 2011 3:38 AM
Court Allowed Stay (by Dan [MA]) Dec 30, 2011 3:40 AM
Court Allowed Stay (by Patti [MA]) Dec 30, 2011 4:45 AM
Court Allowed Stay (by Patti [MA]) Dec 30, 2011 4:49 AM
Court Allowed Stay (by Robert,Ontaro,Canada [ON]) Dec 30, 2011 6:10 AM
Court Allowed Stay (by Steve [MA]) Dec 30, 2011 6:18 AM
Court Allowed Stay (by Patti [MA]) Dec 30, 2011 7:09 AM
Court Allowed Stay (by BRAD 20,000 [IN]) Dec 30, 2011 10:12 PM
Court Allowed Stay (by LL [AZ]) Dec 31, 2011 1:03 AM
Court Allowed Stay (by Patti [MA]) Dec 31, 2011 5:24 AM
Court Allowed Stay (by Dan [MA]) Jan 4, 2012 4:37 AM
Court Allowed Stay (by Patti [MA]) Jan 4, 2012 8:03 AM
Court Allowed Stay (by Steve [MA]) Jan 4, 2012 11:10 AM
Court Allowed Stay (by Patti [MA]) Jan 4, 2012 11:25 AM
Court Allowed Stay (by Patti [M]) Posted on: Dec 30, 2011 12:49 AM
Message:
State Specific Question About: MASSACHUSETTS (MA)
The court has allowed my tenant a stay even though the Judge ( went on vaca this past holiday week) would not have allowed it if he were here. Now if the constable did not give me the notice of this stay I would have had to pay the movers the total amount for the move and had to pay them again because when we move the tenant out. The constable said maybe I could have had this stay rescinded be it did me know good when I went up to the clerks office. After reading some of the harsh realities of LL to me it seams like I have to deal with it and learn about the possible consequences of not screening thoroughly.don't do any favors for anyone unless they are doing their best too. Thank you all for being in this forum. --66.30.xxx.xx |
Court Allowed Stay (by Patti [MA]) Posted on: Dec 30, 2011 12:51 AM
Message:
that last one is not a question. But when I see other states allowing certain things to go on with out interference with the authorities I see the court system is stacked for the tenant. --66.30.xxx.xx |
Court Allowed Stay (by Steve [MA]) Posted on: Dec 30, 2011 3:38 AM
Message:
Patti, sorry to hear this. Did they give a reason for the stay or was it just because the judge was unavailable (on vacation)? --72.85.xxx.xxx |
Court Allowed Stay (by Dan [MA]) Posted on: Dec 30, 2011 3:40 AM
Message:
You'll have to go back to court and motion for the move out again. This is not that unusual. Tenants that work the system can easily stretch an eviction 6 months from start to finish. It is the cost of doing business here in MA. So yes, you are correct, we in this state have to focus harder on the screening up front and then enforce all the rules and start evictions at the earliest possible point. When you budget for your business, costs like this need to be figured in. --76.19.xx.xx |
Court Allowed Stay (by Patti [MA]) Posted on: Dec 30, 2011 4:45 AM
Message:
To answer Steve yes this motion was because the Judge was on Vaca and could not be over ruled. I did ask the court for what is the next procedure and they said nothing but they said they told the tenant to be prepaired to move on thursday. Now you say I can go back to make a motion to move again? --66.30.xxx.xx |
Court Allowed Stay (by Patti [MA]) Posted on: Dec 30, 2011 4:49 AM
Message:
Is this a case for a Lawyer? Their argument is because they have no housing to go to. Family of 5. I would not mind letting them stay but they are not communicative and I guess I'm the enemy. The last Stay was because they needed to wait for their next place because it was not ready yet, But they would not tell me where the location is and what the landlord name is. --66.30.xxx.xx |
Court Allowed Stay (by Robert,Ontaro,Canada [ON]) Posted on: Dec 30, 2011 6:10 AM
Message:
Had a tenant under the tenant biased landlord and tenant board issue a stay on the sheriffs order. Went down for another hearing where the stay was lifted as all the paperwork and service to the tenant was done correctly. The tenant moved out of the rental unit leaving only garbage and items used for the consumption of illegal drugs.
More then likely rent was not priority but the use of the illegal drugs were more important. Once the stay is lifted then the tenant will leave the rental unit before the sheriff arrives then more then likely the rental unit will be trashed out.
Here the government supports the tenancy advocates groups where the tenancy advocate groups advise tenants on how to play the rent free game. The government is losing as well as there are less taxes. That is not very smart.
Consider belonging to a landlords association where there are listings on this site. The cost of being a member of a landlords association will be quickly paid off as one will avoid most the problem tenants.
In a smaller town the problem tenants avoid going to see rental units if they know there is going to be a thorough credit check done on all adult applicants. Sometimes they never bring back a completely filled out rental application which means they know they will not qualify for a rental unit.
In a smaller town word gets around that the rental address does credit checks so most of them never call. Once the tenant is out then file the judgement with the credit bureaus so if the tenant applies where they do credit checks the tenant will be taking a walk. In some of the smaller towns the problem tenants will use up every rental unit in town then move on. --74.220.xxx.xxx |
Court Allowed Stay (by Steve [MA]) Posted on: Dec 30, 2011 6:18 AM
Message:
Patti, do NOT agree to allow them to stay at all. It's not your fault that they didn't pay their rent & have to move. You have already been too nice & they will never appreciate your kindness. Instead they will just keep pushing as much as you allow them to.
You need to be in court 1st thing when the judge is back & file a motion to have the stay lifted. Supposedly the clerk & housing specialist should help you do this pro bono.
As far as not having a place to go that's not your fault. In my area there are plenty of homeless shelters. You need to grow thicker skin & run your rentals like a business. Otherwise you will be the one with no place to go.
We all have gone thru similar things with tenants, hopefully have learned from it & considered it part of our LLing education. --72.85.xxx.xxx |
Court Allowed Stay (by Patti [MA]) Posted on: Dec 30, 2011 7:09 AM
Message:
Well my option is to go back court today to oppose the stay, because the judge has already ruled on this case and the tenant has not made any communication with me the LL about staying or for that matter has said there is a place waiting to be repaired and will be on the 15th of January, also the tenant has not given me the address or the Name of the new LL. Does that sound like a response to this motion? --66.30.xxx.xx |
Court Allowed Stay (by BRAD 20,000 [IN]) Posted on: Dec 30, 2011 10:12 PM
Message:
Patti, Keep listening to Steve and Dan about MA specifics. Congrats for staying on top of it! Stay pro-active - do SOMETHING everyday to keep it moving forward.
Keep watching - slight chance they will disappear.
I still think the Jan 15th apt is a fake - a decoy to gain sympathy.
In court, I would argue that the new apt is not part of this case. This case should stay focused on the claim for eviction. It's nto about "moving from one place to another" it's about "vacating". They can do what any other reasonable person would do - move in with family or friends for a few days until it's ready.
For any LL, December evictions are a ragged black hole. That's why we work in Sept and Oct to weed out potential problems, and get re-rented before Thanksgiving.
Ragged because of courthouse holidays, judges on vacation, judges sympathetic to families at Christmas time...
Our courthouse was closed 4 weekdays in Nov and 3 weekdays in Dec, plus 1 weekday in Jan.
In mid Dec, new cases were being stalled until mid Jan.
The court stopped hearing ANYTHING on Dec 16.
Keep pluggin' and keep us posted! --50.129.xxx.xxx |
Court Allowed Stay (by LL [AZ]) Posted on: Dec 31, 2011 1:03 AM
Message:
They can stay in a hotel until their new plae is ready. That is what hotels are for. Remind the court of this. Can't afford a hotel? Car seats recline and Big 5 sells tents. Not your problem where they go, so long as they go. If the court won't put them out appeal up the ladder until someone will respect your property rights.
This is lawyer time. --76.170.xxx.xxx |
Court Allowed Stay (by Patti [MA]) Posted on: Dec 31, 2011 5:24 AM
Message:
Thank you all for you kind support. I will be rehearsing my thoughts about what to say to the court about this family, they have family members around the corner, they are also being helped by the Minister. there has not been a rent payment for five months so they have a few extra bucks for whatever. another problem that just surfaced is the constable that was working with me does not have permission now since my town has not appointed any constables to serve. Now I have to go to the sheriff they charge a little less I'm told but they do their thing when ever they want to. that's the feed back I'm getting from my constable. I'm learning though and gaining experience from the feed back on this forum. --66.30.xxx.xx |
Court Allowed Stay (by Dan [MA]) Posted on: Jan 4, 2012 4:37 AM
Message:
Don't worry about interpreting their excuses because they are nothing more than excuses. I've heard the same lines a million times about the next apartment not being ready, etc. There is no next apartment. Every time their lips move it is just a lie. They are doing nothing more than just trying to extend their free stay at your place as long as they possibly can.
When they finally see the constable removing them, that will be the first time they give any serious thought to where they'll go next. Some sucker relative of theirs will end up with them or perhaps an inexperienced landlord will allow them to move in immediately when they flash a big wad of cash (all the money they haven't been paying you for months). Either way, they will eventually be someone else's problem.
I picture an eviction like a war. There will be little skirmishes back and forth and because of the crappy legal system, they will win some of those skirmishes. However, there is not a chance in heck that they will win the war. --74.8.xx.x |
Court Allowed Stay (by Patti [MA]) Posted on: Jan 4, 2012 8:03 AM
Message:
thank you for your support. I have a broken record going of in my mind,"what can I do what can I say......" the judge has the last word and he already said it. But on the other hand the Constable has not been assigned to my town this year as of yet so am I under an allusion that I can move them out with my own movers from the that constable's notice or is this taking a chance? --66.30.xxx.xx |
Court Allowed Stay (by Steve [MA]) Posted on: Jan 4, 2012 11:10 AM
Message:
Patti, DO NOT attempt to move them without having a constable or a sheriff present.
I gather that your local selectmen / town government has not made their yearly reappointment of constables. Have you checked with town hall to fins out when they will do this?
If you can't get a constable you can use a sheriff. I have used the Essex County Sheriff's office to serve notices. I am sure that you can use sheriffs from your county to oversee the move out.
Have you talked with moving / storage companies in your area to get an idea of their time frame & costs. They might also have a suggestion on who to use.
As I recall you are in western MA, have you checked the MRHA web site for LL groups in your area? I believe both the LBA (Landlord Business Association) or the RHABC (Rental Housing Association of Berkshire County) are in your area. I am sure they have members who have experience in the procedures for your area. --151.203.xxx.xxx |
Court Allowed Stay (by Patti [MA]) Posted on: Jan 4, 2012 11:25 AM
Message:
Steve(Ma) Thanks for the tip. My location is south shore close to Brockton Ma. I do not have a local LL group in this area. One Group meets the 3rd wed or Thurs in the month. I would like to be a member or the SPOA and working towards that end. I'v had 4 evictions in my 4 family house since Sept. and I haven't had an eviction in 5 years. This is also the first time the tenant refused to leave. And it has been a great source of encouragement to belong to this forum. But back to the Sheriff, my constable had warned me that the Sheriffs are do not go by my time table but have their own schedules. I've used this constable for all the eviction process of the other 3 tenants and now that this eviction has gone this far I'm getting a closer look at how he handles things. which makes me a wonder about his honesty towards me. anyway tomorrow I'll be seeing this tenant in court and waiting for the Judge to say what he has to say. --66.30.xxx.xx |
Reply:
|
|