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Tenant not Paying Rent and Now Seeking Legal Representation

In July of 2008 I rented my second floor apartment to a couple. They've turned out to be hoarders but that's kind of besides the point. They had a lease for their first year and then it turned into a tenancy at will when I accepted rent on the first month that the lease was over. They started paying their rent mostly on time but over the months it got slower and slower as well as being given to me in multiple money orders throughout the month. My policy was slow rent was better than no rent (considering the financial time we were/are in) so I was understanding and took the rent in stages through any given month. Then it turned into rent going into the next month and that was unacceptable to me and I let the tenants know. In July I had a talk with the tenant and told him face to face that this will not work for me and that they should start looking for a new place to live since they obviously can't afford my apartment. I told them unless I get the rent on time from now on I will ask them to move. Well in August I got a check for $160 on the 23rd and sent them a letter stating that if I did not receive the rent in full in the next 7 days they would get a notice to quit and that I would go through the courts to have them evicted. Now they are pretty much hiding in the apartment and when I asked if I could meet with them to see what is going on they refused and left me a letter stating they are going to need legal representation before they talk to me. Can I still contact them with letters asking for rent while I am in the process of getting rid of them or will that be harassment? Can I say anything to them when I see them? I scheduled an inspection of their apartment three days before they are supposed to be out with plenty of notice. What if they refuse to let me enter? Can I have the board of health with me to cite them for all their stuff?

I know that's a lot of questions but I'm stressed out since this rent helps me pay my mortgage.

Thanks for reading.

P

Editor's Response

Just serve them with a 14 day notice to quit for non-payment, and serve the notice to quit properly.  Then evict them.  Period.  It is going to take you a couple of months to get rid of them.  So, if you accept any money from them, make sure the receipt says you are taking it for use and occupancy only.   I'm not sure why you are going into their unit, but unless you have court permission, given the circumstances, I would stay away.  It's a long and unpleasant job evicting problem tenants, but there are no shortcuts. 

I hired a lawyer and they

I hired a lawyer and they were served yesterday morning by a constable. They opened the door and they were handed the notice. I'll update as I get work my way through this mess.

Thanks!

P

Tomorrow I go to court with

Tomorrow I go to court with my lawyer to hopefully get an eviction. The tenants did not file an answer or ask for discovery.

Good news. The tenants agreed

Good news. The tenants agreed to our terms and will be leaving by Nov 15. If not I can go into court and get the eviction going.

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