Dealing with bad tenants in Massachusetts

 

If owning property is the dream, then dealing with bad tenants is most certainly the nightmare.

A bad tenant can not only ruin your day, but also cause damage to your proprietary investment, leaving you with financial loss and inconvenience.

But you don't have to lose. You're the owner in this situation, and after consulting our guide on how to deal with bad tenants, you'll also be the winner.

Screening strategy, management methods and legal remedies - We've got the lot.

Eviction notice in an envelope. Image by Unsplash

 

Optimize Your Screening Process

First and foremost, you want to try to avoid the trauma of dealing with a bad tenant entirely.

Top tips to perfect your screening strategy:

  • Carry out detailed background and credit checks, scan for potential red flags.
  • Employ a character reference system, by contacting previous landlords or employers.
  • Make a note of any potential issues you have noted.
  • Never finalize a lease agreement without a face-to-face interview, use this time to clear up potential issues and lay down your firm, but reasonable expectations.

 

Clear and Comprehensive Lease Agreements

Once a potential tenant has passed your screening process, establishing a solid lease agreement is the key to ensuring your property rights are legally secured.

An effective lease agreement includes the following:


  • Clear terms regarding rent payment, the amount and date payment is due.
  • Clear terms involving property maintenance and upkeep, and the distinction between landlord and tenant obligations.
  • A detailed outline of the tenant's responsibilities in terms of the property.
  • Definitive terms on the landlord's rights and legal remedies in the event of a breach on the part of the tenant, which the tenant agrees to in full.
  • Use of plain language throughout, to protect against misunderstandings.

 

Proactive Tenant Management

A landlord with a hands-on management strategy will always be able to easily identify and swiftly resolve issues arising from a bad tenant, saving them time and money.

Best methods for proactive tenant management:


1. Open Communication

Maintaining open lines of communication throughout the duration of a tenant's stay keeps the door open for you to see and address issues as soon as they arise. Issues addressed quickly often remain as minor, manageable incidents.

Make a habit of keeping all communications between yourself and your tenant in writing, for ease of reference (and evidence if needed). Never underestimate the power of documentary evidence - especially when so many rental disputes end up in court!

 

2. Set and Enforce Boundaries Firmly

Tenants should know where you stand from day one, when it comes to noise levels, hygiene, prompt payment and any other common issues. Taking a hard stance saves you from setting a relaxed standard, which suits a troublesome tenant.

Be firm - but fair - at all times and refer to the terms of the lease agreement when enforcing any boundary that may be at risk of being breached. Your lease agreement is your constitution.

 

3. Address Issues Immediately

Once a boundary has been crossed, or a term of the lease has been breached, take action.

We're not saying implement eviction proceedings at the first opportunity, but a landlord must have quick reflexes when it comes to spotting and solving tenant related issues.

Professional, prompt management demands respect - and might even encourage responsible behavior on the part of your tenant.

 

How to Get a Tenant Out Fast

In the unfortunate event that you have a tenant who repeatedly disregards boundaries, or has committed a serious breach of his lease agreement, you may have no choice but to speed up his removal. For this, you have two distinct options:


    Initiate Eviction Proceedings

 

Consult with an experienced property attorney, who will help you understand and initiate eviction proceedings against your tenant.

Grounds for eviction include non-payment of rent and lease violations such as property damage, unauthorized occupation and illegal activity.

The Massachusetts general laws provide 3 types of written notices for evictions:


  1. 7 Day Notice to Quit - The notice for evictions involving illegal activity.
  2. 14 Day Notice to Quit - The notice for evictions involving unpaid rent.
  3. 30 Day Notice to Vacate- The standard notice used in evictions.

 

Once you have given written notice to your tenant, and the time period expires without change, file your formal complaint with the housing or district court and follow your attorney/the court's instructions through the remainder of the eviction proceedings.

 

  • 'Cash for keys'

 

Evictions can be costly, and lengthy.

'Cash for keys' is an informal, but effective alternative to quickly getting rid of a bad tenant.

Quite simply, a landlord will pay the troublesome tenant to leave voluntarily - and immediately.

Tenants will often accept 1-2 month's rental as satisfactory 'Cash for keys' payment, which the landlord can reclaim by concluding another lease agreement for the vacant property.

 

Selling a Rental Property with Tenants

Sometimes you want out of the rental business, and that's okay, but doing so the right way protects you from becoming the thing you hate most - a bad landlord!

Ensure the following steps when selling a rental property with tenants:


  • Provide tenants with a formal notice of your intention to sell, your lease agreement will usually stipulate whether this should be a 30 or 60 day notice period.
  • If tenants are on a month-to-month lease, you can give them formal notice of intention to sell and formal notice to vacate at the same time, and sell the property as a vacant one.
  • If tenants are on a fixed-term lease, you can either wait for their lease to expire before selling, begin 'Cash for keys' negotiations or sell the rental property as-is, with the purchaser becoming the new landlord.
  • Communicate and coordinate with tenants regarding property showings, you have landlord rights to access the premises for this purpose - but should do so at their convenience. Their tenant rights to enjoyment of the premises must be respected.
  • Remain in compliance with The Massachusetts General Laws regarding tenant/landlord rights and responsibilities throughout all phases of the sale.

 

For those looking to sell their rental property, companies like Moss Home Solutions specialize in all-cash purchases, irrespective of factors such as bad tenants or damage.

They are capable of closing deals in a matter of weeks, operating without any service fees, commissions or closing costs - making them the perfect cure for your rental property headache!

 

Frequently Asked Questions

 

How to Deal with Disrespectful Tenants?

Disrespectful behavior can bring out the worst in any situation, and can certainly be a challenge to manage. Meeting disrespect head on in a calm and clear manner is the best way to avoid escalation, or at the very least keep your own actions in order.

Remember that your lease agreement already has terms and remedies in place to resolve such circumstances, refer to them and enforce when necessary - for the benefit of yourself and your investment.

Mediation and arbitration are effective dispute resolution tools to consider, where a neutral third party assists in finding common ground, through fair and amicable interactions.

 

How to Report Bad Tenants?

Landlords who have experienced extreme difficulties with tenants can report them to local credit bureaus and tenant screening services - which will have the effect of blacklisting them.

You will need to keep and submit a detailed record of all communications and documentary evidence proving missed payments, property damage and disorderly conduct.

 

How to Handle Dirty Tenants?

A build-up of unhygienic practices over time will cause great harm to the value of your rental property. Best methods for dealing with dirty tenants include:


  • Conducting regular inspections on the state of the property.
  • Scheduling deep cleaning or extermination services at necessary intervals, at your own cost, to protect your asset.
  • Including a cleanliness clause in all lease agreements, with strict consequences for breach including but not limited to termination of the lease

Remember that your lease agreement already has terms and remedies in place to resolve such circumstances, refer to them and enforce when necessary - for the benefit of yourself and your investment.

Mediation and arbitration are effective dispute resolution tools to consider, where a neutral third party assists in finding common ground, through fair and amicable interactions.

 

Conclusion

As you can see, dealing with bad tenants requires hands-on management, clear communication and a solid lease agreement to fall back on.

You will need to take swift action at times, and have the necessary legal knowledge or expertise on hand to protect your rights as a landlord.

We hope this guide gives you the confidence to come out on top in any future tenant fiasco.

Remember, you are the owner.