 witholding rent (by mark [MA]) Jun 28, 2012 11:08 AM
 witholding rent (by Mike45 [NV]) Jun 28, 2012 11:39 AM
witholding rent (by Ken [NY]) Jun 28, 2012 12:07 PM
witholding rent (by V [OH]) Jun 28, 2012 2:02 PM
witholding rent (by Reid [KS]) Jun 28, 2012 2:51 PM
witholding rent (by Robert,Ontario,Canada [ON]) Jun 28, 2012 4:22 PM
witholding rent (by Mike45 [NV]) Jun 28, 2012 4:29 PM
witholding rent (by Heather [IL]) Jun 28, 2012 6:43 PM
witholding rent (by Steve [MA]) Jun 28, 2012 7:23 PM
witholding rent (by Dan [MA]) Jul 1, 2012 11:02 AM
witholding rent (by mark [MA]) Posted on: Jun 28, 2012 11:08 AM
Message:
State Specific Question About: MASSACHUSETTS (MA)
Tenant has not paid this months rent. moved in unit in feb 2012. paid feb, march was couple days late. april was 1 week late but pd.May was 18th. the tenant stated that i took my time fixing the unit so they took time paying. paid the 18th of may the same day i had board of health inspect for cert of occupancy,passed.NO written complaints as lease states, In may when the ten sent text saying they were slow to pay becuz i was slow to fix unit.I responded with a text asking,"what needs fixing?" reply was they dont know? Asked were we all good now? text back stated," thanks for getting on everything." June 5th asked for rent,told couple days.ok . weeks passes and text for rent. tenant reply things came up will have next fri when get paid. text thur,"comming for rentin am." reply,"ok." fri morn get text stating cant talk to me under advice from free state attorney. tenants staing witholding rent for habitablity from back in feb,and rent they paid to stay longer in thier old apartment. ??? first ive heard of any of this. This isnt legal as ive read the laws. I need some advice. thanks --66.31.xxx.xxx |
witholding rent (by Mike45 [NV]) Posted on: Jun 28, 2012 11:39 AM
Message:
The rent that was due on June 1 remains unpaid?
I don't know MA law, except that I suspect it is very pro-T. But here, I would serve a __ Day Notice To Pay Or Quit IMMEDIATELY. Then, on July 2 (assuming that is OK under your lease and your state's laws) I would serve a new __ Day Notice To Pay Or Quit including June rent and July rent.
(Some people are too cost conscious to do both, but that is what I recommend.)
I would not get into any discussion with these people, just move forward with the eviction.
WARNING: You said that youdid not get your Certificate of Occupancy (whatever that is!!) until May 18. That might leave you vulnerable for Feb - May -- were you renting the unit illegally because you had no Cert of Occ?
--71.49.xxx.xxx |
witholding rent (by Ken [NY]) Posted on: Jun 28, 2012 12:07 PM
Message:
They don't have the rent or not willing to pay the rent.Start eviction now and don't listen to the stories. --72.224.xx.x |
witholding rent (by V [OH]) Posted on: Jun 28, 2012 2:02 PM
Message:
I hope before you rerent you will get some lessons in housing court after printing and reading your local/state laws, unfortunately by allowing a tenant to pay late over and over you may be forced to do this until they leave as the judge will call this normal landlord/tenant relationship. --76.241.xxx.xxx |
witholding rent (by Reid [KS]) Posted on: Jun 28, 2012 2:51 PM
Message:
If they are MTM i'd be getting ready to give them 30 days notice. If they are behind in rent I'd be giving the a 3 day pay or quit notice. As some one else suggested I'd also be observing court proceedings in your local courts to get an idea of what goes on there.
Go to top of this page , go to LL/ Tenant state laws and study your's carefully. --108.220.xxx.xxx |
witholding rent (by Robert,Ontario,Canada [ON]) Posted on: Jun 28, 2012 4:22 PM
Message:
As long as there are no serious building code or fire code violations then there is no reason to withhold rent. The rental unit can be at minimum standards which means no loose or missing floors which means the floor tiles don't have to match. If the apartment building has fire alarm then the fire alarm must be working and pass inspection. This tenant is going to fall into further arrears each month so now is the time to start the eviction. Try to contact a landlords association where there are listings on this site. The cost of membership will be paid for in a short time. In future learn the credit check process which will avoid this type of tenant. One does not go to the grocery store then walk out with a shopping cart filled with food without paying. Often get calls for apartment where they think there should not be a credit check. Often they never bring back a completely filled rental application by each adult interested in the apartment. One out of three is problem tenant who has no problem getting evicted over and over again. If the tenant went to work then the employer failed to pay the tenant would be down at labour department the same day or next day. Maybe in a socialist paradise they live rent free but have to wait 30 to 35 years to get a apartment. But comrades the party members get a apartment right away. --74.220.xxx.xxx |
witholding rent (by Mike45 [NV]) Posted on: Jun 28, 2012 4:29 PM
Message:
My concern is about the "Certificate of Occupancy." I know some areas have requirements for these, and a LL operating without a valid Certificate might be in deep trouble. If Mark was renting illegally, the T might not have owed him any rent for that period, and might therefore have paid illegally and might be entitled to credit for the illegally collected rent, to be applied against the now lawfully due rent.
All of this is just speculation, though, because I don't know about Cert of Occup.
--71.49.xxx.xxx |
witholding rent (by Heather [IL]) Posted on: Jun 28, 2012 6:43 PM
Message:
Start eviction, and next time do not let the tenants fall behind in rent, if they don't pay by the first of the month call or text them "RENT IS DUE TODAY IF NOT PAID BY MIDNIGHT $50 LATE FEES" that's what I do and I get the rents on time.
--64.134.xxx.xx |
witholding rent (by Steve [MA]) Posted on: Jun 28, 2012 7:23 PM
Message:
IMO it's time for either a 14 day non-payment notice followed with a court summons or use the happy clause.
You definitely need to learn & follow Aldo's 2 rules for successful LLing.
1. The Landlord is in charge.
2. The tenant is not in charge. --72.85.xxx.xx |
witholding rent (by Dan [MA]) Posted on: Jul 1, 2012 11:02 AM
Message:
I believe tenant can withhold rent in MA if there is some documented issue that greatly impacts health or safety. It happens on rare occasions, but is part of a process where something happens (major leak or electric failure) and then they call board of health who turns around and cites for you the place being uninhabitable. This is probably not your situation. File for eviction.
I agree with Steve, you need to get tougher. Not need to talk to them and ask where the rent is and then chase it again days later. If rent isn't in on the due date then just send out a 14 Day Notice. The tenant's reason/excuse doesn't matter. --76.19.xx.xx |
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