I am a landlord in fall river who owns and lives in a 6 unit mixed use building. I made the mistake of offering tenancy to some violent threatening people who told me they had a section 8 voucher which would pay for their tenancy once they moved in. I foolishly accepted without accepting any security deposit or rent in advance and I gave the keys for them to move in. They have now refused to pay me anything and I am going through what is going to be a very nasty eviction because they cannot be evicted under no trespassing laws or breaking and entering because my lawyer and local police have told me that giving keys constitutes a tenancy. We have already had to call the police 3 times for domestic disturbance, child abuse, and threatening me the landlord and my family several times. I am having them served with a 14-day notice to quit to start the eviction process but I would like to know if its possible to get an immediate housing court hearing or other legal avenue in the case of these highly volatile and life threatening tenants to get them off my property now instead of waiting 4-6 weeks for a housing court hearing. These are professional scumbags tenants who have already "faked a slip and fall" on my stairway (with no ice or snow present)and said they plan to sue me. If Someone can please give me advice on how to handle these scumbags while I'm serving the eviction process please let me know as me and my wife are very much afraid of personal injury and loss from these people who have already threatened to burn down the building.
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Editor's Response
I am sorry about your situation, and I know you do not need or want to hear this at this point, but other readers cannot hear this too often: If you are a landlord, you MUST check references and do a credit check before accepting a tenant. Once they are in, Massachusetts law makes it very difficult to get rid of them.
Your only hope, and I do not think this will apply in your case, is Massachusetts General Laws Chapter 139, Section 19, which allows for an expedited eviction in cases where certain specified crimes are committed by the tenant. Section 19 reads in relevant part:
If a tenant or occupant of a building or tenement, under a lawful title, uses such premises or any part thereof for the purposes of prostitution, assignation, lewdness, illegal gaming, or the illegal keeping or sale of alcoholic beverages . . ., or the illegal keeping, sale or manufacture of controlled substances, as defined in section one of chapter ninety-four C, . . . such use or conduct shall, at the election of the lessor or owner, annul and make void the lease or other title under which such tenant or occupant holds possession and, without any act of the lessor or owner shall cause the right of possession to revert and vest in him, and the lessor or owner may seek an order requiring the tenant to vacate the premises or may avail himself of the remedy provided in chapter two hundred and thirty-nine. If the lessor or owner is entitled to relief pursuant to this section, such lessor or owner may seek declaratory judgment of his rights hereunder in the district, superior or housing court, which may grant appropriate equitable relief, including both preliminary and permanent injunctions, including a preliminary injunction granting the lessor or owner possession of the premises, and in connection therewith may order issuance of an execution for possession of any such premises to be levied upon forthwith. No such injunction shall be issued except after notice has been given to the tenant and a hearing has been held with opportunity for the tenant to confront and cross-examine witnesses and to present any legal or equitable defense.
I'm sure your attorney has already considered and rejected this option, but make sure. Good luck. For more information or to post a question, visit our Massachusetts Tenant Law Discussion Forum.