Submitted by jcricket on Sat, 01/30/2010 - 05:31
My parents have a multi-family house. There is one woman who has been a tenant for at least a decade.
there is no lease agreement.
she is not working, but she is collecting disability. she has a young child (8ish) and he may have a learning disorder. Her ex-husband sends child support.
there have been many month where she's been late on payments or only paying a portion of the payments. my father has only raised rent a few hundred dollars over the years because he feels bad for her. she is currently up-to-date on payments.
my father recently tried to switch insurance companies and when the inspector came to check her unit, he claimed he couldn't do the job because her apartment was FILTHY and filled with trash. the woman has piles and piles of old newspapers and magazines. her son's room and bed were also filled with garbage.
my father has since spent his own time going to her place and filling up bags of garbage to throw out. the woman keeps protesting saying she'll "take care of it herself", but she refuses to do anything.
how difficult would it be to have her evicted and on what grounds? is it as simple as terminating her tenancy-at-will? her apartment doesn't seem like a sanitary place for a child and a small dog that she recently "got as a gift" during the time when she couldn't pay for rent.
thank you in advance for any advice.
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Editor's Response
There really isn't much you can do except evict her with a 14 day notice (if she has not paid rent) or with a 30 day notice. I would go with the 30 day because MA law allows tenants to cure their default (pay the rent), under certain circumstances, and remain in the unit. He does not need to give a reason for the eviction and, if he does, he may be required to prove it (the reason) at court. It will take a while to get her out, and your dad needs to remain on good terms with the tenant (as much as possible) so she doesn't do more damage to the apartment. The other option is to start the eviction, take advantage of the mediation offered at the Housing Court, and enter an agreement where the tenant can remain in the unit as long as the unit remains clean and she pays her rent. Good luck. For more information about this type of situation, visit our Massachusetts Landlord Law Discussion Forum.
I have a simular problem. I
I have a simular problem. I am reserching the laws because a friend told me there is a law about trash in multi family situations. It makes sense because her un healthy living habits can effect the health of the other tennants and therefore violate their rights. I am also going to contact the local health department and I bet they will put a court order on her to clean it up and keep it clean.