Is it true that, even though a landlord may win the right to evict a tenant, there is a strong possibility that - simply because the tenant could force said landlord to store all the tenants posessions in an apartment at the landlord's expense - a calculating tenant could end up staying on without paying rent for many many added months. …..For example, what should a landlord do if he or she can't afford to pay for the extremely high cost of said storage?

Would greatly appreciate learning all we can from anyone who might have had experience in dealing with such an issue.

Stephanie Newbie, yes if the tenants don't remove their belongings after you win the right to evict in court you will a few choices.

1. Just throw their stuff out on the street which I don't advise. In MA LLs who try this approach end up with huge legal fees and most likely lose the property to the tenant.

2. Do nothing & allow the tenants to remain which I don't advise. This results in losing money now an losing even more money later when you have to either pay to have them removed or lose the property.

3. Offer some sort of cash incentive for the tenant to vacate & surrender the unit. As much as I use to hate this approach, I think in most cases it makes the most financial sense for MA LLs.

4. Hire a constable or sheriff and an eviction moving service to proceed with a formal legal eviction move out. To do this you will have to pay for the constable, the movers & some storage fees. Theoretically the evicted tenant will have to pay you back at some point. However the reality is you will most likely never see a dime of it.

I'm not sure form you post if you have actually started the eviction process. If you have & have used a constable or sheriff to serve any of the paper work, I suggest you talk to them. I'm sure they will be able to suggest companies that do this. If not then you can use Google to find companies in MA that specialize in moving evicted tenants. I know that Proxima | Eviction Moving and Storage in Massachusetts posts their rates on line. I suggest you try contacting some of them or a company in your area to get a better idea of what's involved.

If you decide you must store their junk, there may be a couple ways, but you will need to check your states rules on this.

1) Rent one of those sheds from a place that provides them for no down. This might be cheaper. Put their junk in it and charge going rates- higher than rent. At the first moment your state allows, get rid of the junk and send shed back to the supplier.

I almost had a full blown eviction like what you are asking.. Talk to a constable or deputy sheriff who is in this biz. They have connections with moving company and can advise you better.

In my area, the average cost is $1,500 for designated moving company and $250 for my constable to supervise the process. I haven't done one, but believe, the constable has to record everything stored away (so that no bogus lawsuits afterwards).

Each state has its own requirements and duties for the Landlord. For many years, Pa didn't have a law......but luckily that changed in our state with the passage of ACT 129.

Before 129, you had to document what was left behind and be ready to convince the judge that the tenant really wasn't taking a vacation for an extended amount of time and that they left.

Utility bills, toilet paper, empty refrigerator, and missing beds were the normal pics I took.

Stephanie,

First, incannot recall any of our 300+ evictions leaving anything of true value. We photo everything and declare it NO VALUE.

IF there is any personal properrty that could be argued to have value we deliver it to their new home or to their Emergency Contact. My lease is clear: 4 Emergency Contacts per adult at lease signing.

My guys find great satisfaction delivering the bags of trash ans clothes to their new front porch!

Stephanie Newbie [MA], as much as we MA LLs would like to be able to do what is allowed in other states, we can't. Have you talked with a local constable to get their take on what is actually involved with going thru a full blown eviction?

Do you know of any LL groups or fellow LLs in your area?

The sooner you get started the sooner you'll be able to regain control of your property. Keep in mind that longer you put this off the more it will cost you in terms of lost rent, increased wear & tear on the property, increasing legal costs, increased moving & storage costs and a HUGE increase in added stress. It's been my experience that if a LL does everything correctly including issuing a 14 day right way, following up with a summons to court and hiring a constable & mover to enforce the court order, it can take a minimum of 6 weeks to get your unit back. If a LL drags their feet getting started, doesn't follow the strict MA law and thinks things will just get better, it can take many months & cost thousands of dollars to get their unit back.