In last week’s video, we talked about investment properties and what it is like to be a landlord. Today’s video focuses on terminating a tenancy in Massachusetts.

If you are fortunate enough to have a good tenant, the tenancy often ends amicably. In this case, we suggest meeting with the tenant at the property to review if there is any damage. In many cases, the apartment is in good condition. If their tenancy went well and the damage is minimal wear and tear, pat them on the back and do the right thing. If possible, hand them their security deposit at the end of this meeting. If there is damage agree on what needs to be done. We recommend symbolically ending the tenancy by having them hand the keys to you. If the tenant cannot make this meeting, take lots of time stamped pictures.
If there is damage that you wish to repair using security deposit funds, a landlord has thirty days to give notice with receipts via certified mail along with a check for the difference between their security deposit and the cost of the repairs. If you did not properly hold the security deposit in a separate account, do not withhold any of their money. This is a highly litigate area and the tenant could be entitled to treble (triple) damages plus attorney’s fees. That $1500 security deposit could easily turn into a $6,000 judgment against the landlord!

What happens if the tenant does not voluntarily move out or the tenant stops paying rent? Unfortunately, you have to evict them through court process. The eviction rules are very time specific and notice specific. We do not recommend representing yourself. In cases of nonpayment of rent, the landlord should serve them with a fourteen day notice to quit. After the fourteen days expire, you have to serve them with a summons and complaint. Both of these notices should be served by a sheriff or constable. The summons and complaint should be served before the entry date. The tenant then has an opportunity to answer your complaint. There will then be an initial hearing. This is where Massachusetts’ reputation of being tenant friendly comes from—the rules are very technical and there are many areas which trip up landlords.

The Housing Court wants you to mediate and we recommend giving mediation a chance. The mediator is neutral and sometimes indicates what a judge may do in your circumstances. You can always go in front of a judge for a ruling. Some judges are formal and some are informal. If the judge is formal and strictly applies the rules of evidence, you may need the assistance of an attorney to navigate the rules.

If you have any questions about ending a tenancy with a tenant, contact Stiles Law by calling (781) 3191900 or by visiting https://stileslaw.com.

Stiles Law, with offices located in Boston and Marshfield, Massachusetts, is a firm concentrating in real estate conveyancing and mortgage lending services, representing buyers, sellers, borrowers, banks, mortgage companies, investors, builders and developers in all of their real estate and mortgage transactions. Stiles Law serves all areas of eastern Massachusetts–the North Shore, Boston, and Cape Cod, in addition to the entire South Shore, including: Plymouth, Kingston, Duxbury, Hanover, Pembroke, Marshfield, Scituate, Norwell, Cohasset, Hull, Hingham, Weymouth, Braintree, and Quincy.

Copyright © 2019 Stiles Law, All rights reserved. Stiles Law is a Massachusetts licensed law firm and all content is based on Massachusetts law. The information presented above is meant to be used for general informational purposes and it should not be construed as legal advice or legal opinion on any specific facts.