Having finally received court approval to evict a tenant, who owes me $6000 in unpaid rent, the scoundrel just called and casually announced that he was giving me 48 hours to decide on either paying him $3000 for his keys to MY apartment.... or pay for storing five rooms full of his "furniture" for the next 6 months.

Before totally losing my cool and over reacting, I would greatly appreciate any and all input on this seemingly ridiculous demand from some fellow - experienced - landlords.

Thank you

Above all, stay cool!

I believe most states limit how much you must pay for moving his junk - and for how long you are actually obliged to pay for storing it.

Good luck!

Ken Newby of MA, you got court approval to evict deadbeat.

Find a copy of MA landlord tenant law a see what your option are at this point.

He owes you 6K and now needs to move the junk out, HOWEVER court approval to evict means he's out hopefully set his stuff at the curb.

HOWEVER, this is the LIBERAL state of MA pro tenant state of mind.

SO it may be wishful thinking to set the stuff at the curb.

Double check MA landlord tenant law.

Remember when you prepare the unit for the next tenant make sure to screen the tenant to help avoid getting another deadbeat in your unit.

First of all NOBODY threatens me, and walks away. Period, end of story. Call it ego, pride or whatever. Threaten me you will not go unscathed in some appropriate way. I have helped put druggies and criminals in prison (currently helping on one from my cancer bed 400 miles away). I have knocked one on his butt in my parking lot after he poked me with a finger. Do not be intimidated by bullies. The world is full of them.

Next, check your laws on storage. As others said doubt you have to store 6 months. We have a local tenants rights FB group, it's halarious the misinformation.

You probably have to take "reasonable" care. That would be a blue tarp over the junk in a corner of my storage lot. LOL

That said, I have occasionally "helped" cooperative tenants with a months storage and free moving, and a free week in the local drug motel if it would clear the account amicably. I'm not out to make someone homeless, that's on them. But it isn't my job to support the world either.

You could try, "Well 3k is out of the question, but I will help you with a truck and a months rent at Public Storage, if you leave the property broom clean." Otherwise you very quietly, and perhaps with a couple of local bikers (my goto guys) have a very quiet conversation and explain reality. "I have more money, guns and lawyers than you, so skin that smokewagon or GTFO!"

First of all, "Cash for Keys" is something a landlord offers a tenant BEFORE the eviction process begins.

And if you've already gotten a court approved eviction, just waiting for the Sheriff or Martial to do the Lock-Out, I wouldn't do a cash for keys, I'd let the eviction run it's course.

Six months? hard to believe. In Los Angeles we have to keep the tenant's junk for 30 days.

I stopped putting it on the curb, after 30 days, so I don't have to deal with scavengers rummaging thru the piles and giving me more work to clean up.

Removing the tenant

Request an execution from the clerk’s office

The court order that allows a landlord to evict a tenant is called an “execution.”

If the landlord wins the summary process case and is awarded a judgment against the tenant, the tenant has 10 days from the date that the clerk’s office enters judgment to file an appeal. If the judgment didn’t include a stay of the execution, the landlord can prepare and send a written request for the execution to the clerk’s office on the 11th day. If there was a stay, you need to wait until the stay period has ended. The execution is the document that authorizes the actual eviction. The landlord can’t evict the tenant without the help of a constable or sheriff, who must give 48 hours written notice to the tenant before the actual eviction can take place.

Even after a landlord gets an execution, only a sheriff or constable can move a tenant and their belongings out of the property.

When can the constable or sheriff use the execution to move my tenant out of the dwelling?

The execution can be used to move a tenant from the premises only on a weekday (Monday through Friday) between 9 a.m. and 5 p.m., not on Saturday, Sunday, or a legal holiday when the court is closed.

Can the execution in a summary process case expire?

Yes. The execution must be used within 3 months. The monetary part of the execution is valid for 20 years.

After I have removed my tenant from the property, how do I collect the money I was awarded in the judgment?

You may have the sheriff use the summary process execution to levy against non-exempt assets. You may want to consult an attorney before you begin this process. You may be able to serve and file a post-judgment motion for payment or for trustee process against a third party, such as an employer holding wages. Otherwise, supplementary process under G.L. c. 224 (not to be confused with summary process under G.L. c. 239) is available. You should consult the clerk’s office where the summary process case was heard to determine the best procedure to follow in your case.

Eviction

When the date written on the execution order arrives, you must move out. If you do not, a sheriff or constable may remove your belongings and place them in storage, unless you give permission to have them put on the street. If your belongings are put in storage, the mover should make a descriptive list of all stored items. Your former landlord has the right to sue to recover these eviction costs. The storage company will have a lien on your belongings, which can be enforced by selling your goods. The storage company, however, cannot sell your belongings without waiting six months. You are not required to pay back rent to get your furniture out of storage. But, you still owe the amount the court finds due, until you pay it for 20 years hence (M.G.L. c. 239, § 4).

Physical move out

To physically remove the tenant from your apartment, you must hire a constable and a moving company, if the tenant has refused your request to go. The constable must give the tenant 48 hours notice that s/he is coming with the truck. On the date set, the constable goes to the property, physically removes the tenant and her goods, orders the movers to store them in a storage facility, at your expense initially, and gives the keys to you. That ends the eviction process.

The tenant must now go to the storage company for her property. Because the warehouse has a lien on the property for its unpaid fees, if the tenant does not retrieve the property within six months, the warehouse may sell it. You may sue the tenant for your costs of the eviction (M.G.L. c. 239, § 4).

ken newby [MA], first of all take a deep breath & try to relax. I know this whole process can be extremely stressful on any LL let alone a LL who has never gone thru the complete eviction process. You need to do your homework & learn what your rights & responsibilities are as a MA LL. Let me ask you a few questions.

1. Have you been representing yourself for this eviction or did you have a lawyer?

2. Did you use a lawyer, a constable, a sheriff or yourself to serve the 14 day notice?

3. Did you use a lawyer, a constable or a sheriff to serve the court summons? Have you talked with any of them about what your options are?

4. "Having finally received court approval to evict a tenant" does this mean you only have the judgment or does it mean the appeal period is up & you have the actual execution?

5. "pay for storing five rooms full of his "furniture" for the next 6 months" what makes you think that any of this is true?

6. I believe you asked about this eviction before. Did you do as I & other LLs suggested Google MA eviction laws?

7. What part of MA is the property located in?

Keeping in mind that I'm not a lawyer & never want to be one but as someone who is somewhat familiar with how this works in MA, I suggest you consider the following;

Stop listening to your tenant's advice on LL / tenant law.

Google evictionmovers.com for a source of an approved MA storage company that doesn't charge the LL a storage fee. They will charge you a moving fee but will legally charge the tenant the mandatory 6 month storage fee. Jim (the owner) is a great guy who will be glad to help you deal with this or recommend someone else if he doesn't work in your part of the state.

A few FYIs

Once a tenant's things are placed in storage the tenant can't be barred from retrieving them,

After 6 months the storage company can auction off the tenants treasures

Members of local LL groups give better info on this type of thing than former tenants who are about to be homeless

A reasonable amount paid for keys is OK. You need to get an idea of the actual constable / sheriff fee, movers fee and possible storage fees to make an informed decision

In MA a court judgment is good for 20 years & earns 12% simple interest. You can go back to court to have all of these costs added to a judgment.

You could forgive all or part of debt this tenant owes & send them a 1099NEC

I know this whole situation sucks but it will end.

Excellent posting Steve...

Great advice...

Especially Stop listening to your tenant's advice on LL / tenant law.

It's the best advice for Ken Newby of MA and for every Landlord KNOW your landlord tenant law.

Ken Newby of MA if you have been in this situation and continue to have the same results meaning you have not changed and taken the proper action then you need to STOP take a deep breath and look in the mirror at yourself and take the proper actions.

OK so in this case you may not have done the proper screening, so lesson learned.

NOW move onto taking the proper steps as Steve of MA has just laid out for you. AND if you are not comfortable with theses steps then have your lawyer and /or Constable to layout a plan to take each step and get your unit back for you.

YOUR GOAL is Stop listening to your tenant's advice on LL / tenant law. Take the proper legal steps to get this DEADBEAT arrogant tenant who thinks he can hind behind the law from his viewpoint/vantage point. At this point in the process ignore every call and text from your tenant and take the needed steps to remove this DEADBEAT.

Take this weekend and review STEVE OF MA above 3 posting. Also come back and answer Steve's questions that he asked of you, ASAP. AND layout your plan on paper. List your actions then take the next step. LIKE STEVE said it sucks but take a deep breath and focus on your goal to take the proper steps to get this DEADBEAT out of your unit.

You are the deeded owner of the unit the tenant has a lease and there is the MA landlord tenant law now layout your plan to get this professional deadbeat out of your unit.

Don't be BULLIED by your tenant take the proper steps and STEVE has your back.

Come back and let us know where you are in the process we want the best outcome for you the landlord so take the next step.

Ken Newby,

This eviction is costing you $6,000 plus any loss from the repairs that you will end up doing.

Any idea what Landlord boot camp cost?

How about the cost of NOT getting a local landlord attorney to help you out?

Ken,

We deliver it to his new address or to his Emergency Contact (Granny) because he authorized that on my lease.

This guy is a player and may cause trouble down the road. I'm open to negotiation because he will purposely drag this out or even file bankruptcy just to win the game.

Right or rich - money now is worth more than a judgment.

All I can say is: I am Glad i will finally be moving out of this horrendous State in 2019!