You can't just evict because the HOA wants you to. Have your lawyer send the HOA a letter stating that the tenant is deserving of due process within the laws of the state and isn't in violation of anything. I highly doubt the HOA can supersede state LL/T laws. "Afraid of him" doesn't cut it.

I say call the HOA attorney. Ask him what court would evict a person based on neighbors are afraid of him.

Tell him you cant find that in any landlord tenant laws.

Also ask if these neighbors would testify in court or would you have to subpoena them.

Would he provide the names for the subpoena?

But your lease should cover HOA violations. To start you need to get a list of these and see if there really were violations.

Maybe there is a legitimate reason to evict. I would not want a tenant that is causing the neighbors real problems.

I would never own with a HOA. Just local laws and nosy neighbors are a enough of a pain. I don't see how they(you) can evict with a lease unless lease violations. It is a contract. MAYBE with HOA violations (which should be in your lease) But I can't imagine "scaring" the neighbors is a HOA violation and if it is, it might be illegal.

When mom and or dad show up with large son and offer to cosign that is a giant red flag. Just don't accept cosigners. I just got burnt by that situation as they smoked pot and stunk the whole duplex up and cut my rug up to stash their drugs out of their grandmother's sight.

Other cosign situations have resulted in the large young man not paying rent and spending it on a woman in a Mercedes while flooding the downstairs bathroom because he couldn't manage a shower curtain.

Then there was the one who worked until three AM and then had druggie coworkers come over. He locked himself out and broke the glass with his fist and called the police who made me come there at 4 AM to clean up the blood. They did give me some nice purple rubber gloves. Actually that was not a cosigner but both mom and dad showed up. Big red flag. When I was young I went by myself to get my own apartments.

Now this person is probably disturbing the others right to "quiet enjoyment" so you have to get them to give you information on the disturbances he is making and get them to agree to come to court at his eviction as witnesses. That's the only way you are going to get him out. See if you can arrange a meeting with the HOA and the witnesses to plan a courtroom strategy. Sooner or later he is going to mess up that condo so get him out.

If neighbors are afraid of the tenant, neighbors have the right to try to state the basis of their fears in a written Petition for Temporary Restraining Order - Civil Harassment (or whatever they call it in MASS) and to seek a Temporary Restraining Order against the tenant based on those fears. That is a civil action between them and the tenant -- leave the LL out of it!!

You NEED an attorney who is experienced and knowledgeable about MA condominium law.

Just because the HOA wants you to evict your tenant doesn''t mean that you have to do it, but the HOA may have power to coerce you.

You need to review the governing documents of the HOA, including CC&Rs, By-Laws, etc, as well as MA law governing powers of HOA and homeowners. You need to be alert as to creative ways in which these laws can be used.

The HOA can pass new rules making you and your tenant liable for fines and other disciplinary action. And finally, I bet that MA law contains some ultimate provision that, when an HOA genuinely needs to have someone gone and has exhausted all of their other remedies, that they can do it and the court will back them up, MA or not. The HOA is ultimately responsible for maintaining the care and safety of the property and the comfort, care and convenience of the homeowners.

You DON'T need a lawyer who knows about tenant laws and tenant privileges, you NEED a lawyer who knows about CONDOMINIUM laws and HOA privileges.

Since I am not from MA I cannot speak to the state specific regs but there are some universal principles that the majority of HOA's practice.

75% of my properties are located in subdivisions with HOA's. Anytime a tenant violates a rule or reg. I receive a written notice along with evidence of their breach of conduct and a fine. I send the notice and fine to the tenant who is financially liable for any HOA or city violation per their lease.

As for the HOA evicting the tenant, they have no legal standing with the tenant. However, as a property owner I am responsible for the conduct of my tenants just as the other homeowners are responsible for the conduct of their guests. The HOA has the ability to levy fines and even sanctions (i.e. revoking your right and your tenants right to access the amenities)for failure to abide by their rules. They can also, depending on their written bylaws, continue to fine you until the situation is resolved. If you do not pay the fines they can put a lien on your property. If you continue to refuse to pay the fines they can foreclose.

You really need to read the bylaws. Be sure to get a current copy since they can be changed at the annual meeting as long as they have a quorum.

In CA, a well-known case allowed an HOA to expel a homeowner for continued violation of the rules. The Homeowner had an old beat-up pickup truck which he used in his business, but parked it every night in his allocated space in the Beverly Hills complex. The HOA claimed that the truck did not meet the aesthetic standards of the complex and complained that the homeowner did not follow the rules for parking a dilapidated vehicle.

You need to read CC&Rs and By-laws, and to see a CONDOMINIUM attorney.

I know I'm a bit late to this party, but don't discount that the tenant has some type of behavioral disability that affects functioning in society.

A behavior issue can be quite serious, even if the tenant has no criminal history or past arrests. I used to teach special needs high school kids, and some of them had behavioral disabilities.

These behaviors (all from different students) ranged from pushing a semi-ambulatory girl with cerebral palsy to the ground without a second thought (in the classroom), a different male student trying to stab his one-on-one aide (an aide he liked!) with a pencil, to behaviors at home like yet another male student attacking someone in the house with a screwdriver, and there was "M" stabbing the parakeet and putting the chihuahua in the freezer (mom came home to this, asked where's the dog, and saved the dog), and lest I forget, "J" who tried to set fire to the house, etc. Good times... NOT!!!! My classroom was not a psychiatric placement, nor was I or my aides trained psychiatric professionals, and most of these young men belonged in a 24/7 placement or in a class for kids with behavior issues (off site from a regular school with a general ed population).

As these teens with behaviors became adults, they grew in size and strength. After high school, at least one of them was killed in a bar fight, and a couple of them ended up in prison probably for "behaviors." At least one was hustled out of town and shipped off to his grandparents in another state before he could be arrested as a juvenile. I was glad to see him go!

Dear All: thanks again for you great input. Just an UPDATE: my general attorney does not handle HOA or tenant / landlord laws so she is referring me to another. The HOA attorney has emailed me saying they would be Happy to do it and I would be responsible for the fees. I Have not responded yet.

My realtor called and said he received a verbal offer from an investor that will buy it with tenant in place.

I am trying to buy time with HOA attorney to (in Jeff's words) make them think they are winning.

Can the HOA block my sale with this investor?

Also I recevied an list from the local police, and there have been other issues in this building (fights, suicidal person), and not my tenant...any furhter ideas or input? thanks so much..great group

Hi, Tonia,

Quirky and ornery are two different things, and if they're both components of this tenant's behavior, I can understand how some folks may not be used to having any kind of interaction with your tenant.

Has anyone actually said, specifically, why they are afraid of him?

Threatening words or even a "throw down" body stance can be perceived, rightly so, as something that would cause fear. In the school system, this had to be described in precise and factual detail--and was one step in getting the student into a placement that was better suited for him.

For example, we couldn't write that the student looked angry... we had to write that the student's face became red and facial muscles became tense and eyebrows came together, his eye lids narrowed, jaw looked tight as he spoke through teeth that were seen as clenched, along with his hands at the side of his body that were clenched into a fist.

"A vague communication about continued violations from my tenant."

Any violations should be specified, and the CC&R cited in order to verify that there has been a violation. Nebulous comments without foundation and/or specifics are not acceptable.

I don't know anything about the sale, the HOA, and the tenant still in place.