Tenant's Refusal to Receive Communications

[boonas]

What is the name of your state? Massachusetts

I gave my tenant her 30 day notice to vacate. I gave it to her in front of police as witnesses because she would not return my calls. We are currently interested in putting the house on the market ASAP as we have other property we are interested in. The tenant will not return phone calls and has refused certified letters. Can she stop the real estate agent from showing the house at reasonable times? Even if she doesn't return their calls.. can they still show the house? We also need to get info off the boiler but she will not return calls, etc....

 

[ENASNI]

You definitly are in a pickle here, huh.
Here is some info I gleaned from doing some research

http://www.mass.gov/courts/courtsandjudges/courts/housingcourt/housingquestions.html#7

The purpose of the Notice to Quit is to terminate the tenancy. Thus, if a lease by its own terms is terminated, no further notice to quit is needed. But if notice is required, and in most cases it is mandated, then the notice to quit must be given to the tenant. Indeed, the essence of giving the notice to quit is not service, but that the other party shall have notice. Unlike the Summary Process Summons and Complaint form which has to be served by a Constable or Sheriff, there is no one designated way of giving the notice to the tenant. If the tenant gets the notice in any way, then that is sufficient. On the other hand, if the landlord sends the notice by registered or certified mail, and the tenant refuses to pick it up, the tenant does not have notice. If a Constable or Sheriff serves the notice by last and usual, and the tenant denies receiving the notice, if the judge believes that testimony, then the tenant does not have notice. A landlord can give the notice directly to the tenant in hand, but it is always advisable to have a disinterested person witness this event.
http://www.gis.net/~groucho/landlord.html


http://www.mass.gov/portal/index.js...landlord_rights_and_responsibilitie&csid=Eoca

The Right to Enter The Apartment: A landlord may generally enter the apartment at reasonable times and upon reasonable notice for these reasons:

To show the apartment to prospective tenants, purchasers, lenders or their agents;
To inspect the premises;
To make repairs;
To inspect within 30 days of the end of the tenancy to determine damages to be deducted from the security deposit;
If the premises appear to be abandoned; or
Pursuant to Court order.

I don't know if this helped, you seem to have done a lot of research, but maybe I bumped you up to someones attention that Knows Mass Laws a little better, or a landlord/attorney that has had more experience than me with stubborn tenants.. I lived on property and could stake them out.... oooo did I just admit I was a stalker landlord... oops!

Good luck!

 

[boonas]

Tenants Refusal to Communicate

I have one more question: The town is also doing assessments and must enter the property. I need to notify the town within 30 days - therefore, if she is not communicating and refusing my letters, how am I supposed to notify her of this?

 

[treese]

Posting the notice on the tenants door is acceptable for notice to quit as well as notice of entry. Just bring a witness with you when you post notice.

Keep all certified letters (unopened) that the tenant has refused. They are quite useful when showing bad faith and non compliance in front of a judge (if it should come to that).

 

[boonas]

Tenants Refusal to Communicate

Thank you! You have been most helpful! Have a good day!

 

[FarmerJ]

you can allways re mail copys using certificate of mailing , it gives you recpt showing you sent mail to named party and they dont have to sign for it , since she refuses to sign for others , once those un signed ones are returned to you keep them un opened and let the tenant explain themself to a judge in the final end . you might be better off getting this tenant out before selling . since it sounds like you have such a LOVELY tenant

 

[boonas]

Tenant Not Communicating

Yes - I have kept the unopened certified letters. Spoke to a lawyer this am. He said unopened certified letters are good enough to show that I notified the tenant. He also said she can make it very difficult to show the property but my problem is that I already have property we are interested in. Therefore, we must sell our rental asap... I'm hoping (and praying) she will leave with no problems... as far as I know, I spoke to a real estate who is dealing with her in finding her an apartment..... so at least she is looking. Thanks for all your help!