Landlord Question and Answer Forum

Tenant resides elsewhere as of Sept. 6th so for the last 3 weeks we've been dealing with an apartment with half her belongings still inside. MA law says she has possession so I can not enter. I have an attorney and due to Board of Health complaints, Animal Control complaints he feels it will be an easy case. Here comes the part I have no idea on, nor has my attorney given me any indication how this will pan out. I refuse to pay a moving company and bonded warehouse storage fees...some $2,000. I told my attorney since she resides elsewhere this is not a full blown eviction, it's more of abandonment and I'm not paying!! Especially after I found out in MA the sheriff must give 48hr notice when they are to arrive with moving truck and she has the legal right to be present and say, "No I don't want my stuff moved there, bring it to my new residence". That's BS. So what will they do if I won't pay to move the rest of her things?

I think YOU BETTER BE CAREFUL , because you have to abide Massachusetts tenant laws which sometimes more then most the tenant has the upper say. I think you might have to put that stuff in storage, and check with Mass laws You bettter have witness also , she could open a big can of worms for you, I live in Mass and I know a lot of things are not fair when you deal with a bad tenant

Posted by Donald G, MA on Saturday, September 26, 2009

I'm being careful and will not make any attempt to use self help as I know that's illegal. She's moved half her apartment and basically all the necessary thing she wants now. The rest she wants me to get final eviction/execution and have her moved to new residence. We went to court Sept. 25th but due to no judge for trial they rescheduled for Oct. 6th. Funny how clerks office set the court date but then can not even accommodate the date they set. I've asked my attorney about a possible lien/levy placed on the balance of her property against back rents and legal fees that is now reaching close to $3000.

Posted by Kenneth B, MA on Saturday, September 26, 2009