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NeedHelpASAP

Registered: 09/03/09
Posts: 6
Reply with quote  #1 
Hi! How are you? I went to court today and the case got dismissed.

The judge stated that when I gave the worst tenant ever (I'm trying very hard to evict) the Notice to Quit in 30 Days I was suppose to put on the day that she has missed rent which is the 1st day of the month not the current day that I wrote that letter. Therefore I need to do this case all over.

Even though she did not pay her rent for September 1, 2009 and today is September 3, 2009, am I able to give her the 15 Days Notice to Quit in Massachusetts? Do I have to put today's date if I am able to do the 15 Days Notice to Quit and wait for October rent that will be in October 1, 2009 or is it October 3, 2009? I can't find the answer to my question. I am hoping someone could help me.

Could someone give me any advice how to do this Notice to Quit correctly? I thought I did it correctly, but the judge said I did not. I asked her and the court place, but they said they are not allow to give legal advice.

It is much appreciated. Thank you very much! Being a landlord is tough!


OHlandlord

Registered: 01/20/07
Posts: 3,532
Reply with quote  #2 
Wish I could help but I am unfamiliar with their forms.  They are different for every state.  I don't understand these courts and clerks in other states.  My clerk of court has a sample form, laminated, and filled out so you can see what dates and information you need to enter in which lines.  It reads:

___(Tenant Name here)____
___(Rental Address here)___
__(Date Rent was due)_____
etc. 

Each blank line has a caption telling you what info to put on that line.  They have these for all types of court forms.  Ask the clerk if they have such a thing there.  Let them know you do not want legal information.  Your only question deals with how to complete their form and what information has to go where.  You simply do not understand their form.  They should be able to explain their own form to you.

If they can't, do a google search for a LL association in your area or a chapter of REIA there.  They would know how to fill out the form.  Or wait around the clerk's office on a Monday morning when other experienmced LLs come and fill out their eviction paperwork.  Or do a tax auditor's search for people with many properties (they are proabably experienced LLs) or a court search for evictions and contact a LL wo has done several evictions.  Contact that person to get the info on how to fill out the form.  If you can't do it any other way, ask an experienced eviction attorney for a one hour consult on the paperwork only.  Good luck this time around.

NeedHelpASAP

Registered: 09/03/09
Posts: 6
Reply with quote  #3 

Thank you so much! I will try to do my best! Thank you again!

haynesm

Registered: 10/30/07
Posts: 64
Reply with quote  #4 

I went to the court house in Kansas City MO, went up to the court library, ask the clerk behind the counter who was very busy doing her nails if she would give me a quick rundown on how their library was laid out so I would know where to start looking for the info i wanted.  She looked up and said "I am not allowed to give legal advice" and went back to her nail fileing.   And the system wonders why we peeons are so mad sometimes.

OHlandlord

Registered: 01/20/07
Posts: 3,532
Reply with quote  #5 
I think I would have said, "EXCUSE ME!  I don't want legal advice.  I want to know where to find the book so I can look up the legal information myself!  Could you stop your very important work to tell me or do I have to go ask the judge himself?"

There has to be a supervisor for the office.  Report her.

We have one like that in the EEO office.  She does her nails, does crossword puzzles, etc.  You have to get her to stop to get any applications for city jobs (my husband works for city and sometimes wants to try and change depts.)  Her only job, other than giving the training on discrimination, is to keep lists of applicants for jobs that don't actually have any vacancies.  She just keeps a list in case they might have one eventually!  No one ever quits the city because the jobs are so easy, the pay is good, and they have great benefits.  Rarely is there an opening!  So she never has to do anything.

NeedHelpASAP

Registered: 09/03/09
Posts: 6
Reply with quote  #6 
Sometimes, I just want to take a picture of that person, and report to the supervisor, the local government, state government, and national government to show them what type of organization they are running.
OHlandlord

Registered: 01/20/07
Posts: 3,532
Reply with quote  #7 
Agreed.  Does you local library have a legal library section?  They should.  Go there and look this up.  They are infinitely more helpful.
NeedHelpASAP

Registered: 09/03/09
Posts: 6
Reply with quote  #8 
Don't have a legal local library. I live in a bad neighborhood. :/
OHlandlord

Registered: 01/20/07
Posts: 3,532
Reply with quote  #9 
Is there a public library in that city?  Somewhere there is.  They have a legal library in there!  Go and ask.  If they don't have the specific book you need, they can get it on inter-library loan.  You have to ask for it, but it usually is there within 3-4 days.  And best of all - it's free and comes with friendly, helpful people who are paid to help you locate information.
NeedHelpASAP

Registered: 09/03/09
Posts: 6
Reply with quote  #10 
http://www.masslegalhelp.org/uploads/pI/yT/pIyT_cchVtIKvpxffd9WAQ/13-Evictions-2008.pdf

This is the link they gave me. They are not allow to explain the law to me. I must be a bad reader or something because it does not seem to answer my question.

Can I give the tenants notice to quit in 14 days on September 15th? Or does the law required that I give the tenants notice to quit on the first day of the month which is October 1, 2009 the rent date, which they usually miss. The total rent that they owe is over is at least 2 grand. I want to them to move out by October 1, 2009.

Thank you OHLandlord for helping me.

I'm going to be writing to my local and state government about their organization with the court house and the Massachusetts Legal Library. Hopefully to National Government as well to change these laws. The person I was speaking on the phone was insanely rude and kept sighing at me. I wish I spoke English a little bit better.

Again, thank you OhLandlord.
OHlandlord

Registered: 01/20/07
Posts: 3,532
Reply with quote  #11 
The link they have given you is a tenant pamphlet, not LL information.  This is a pamphlet they give to tenants to let them know their rights and how to avoid eviction. But even it says on pg. 6 that you should give a 14 day notice to quit for non-payment.  It goes on and tells the tenant on pg. 7 that a LL can give you this notice any day of the month.

I would re-serve this notice personally, typing in bold that rent was due on September 1, 2009, and putting the date under your signature of when it was signed and served.  Our notice looks like:

(REQUIRED TITLE OF NOTICE)

TO: 
(tenants' names)

I wish you to LEAVE the following described premises, now in your occupation, situated in the City of  ____, County of ____, State of ___, and known as: (rental address)


(Required eviction language goes in here, including how much money is owed and date it was to have been paid)


Your compliance with this Notice within __(# of days)__ DAYS after its service will prevent any legal measure being taken by the undersigned to secure possession.

 

 

                   Yours Respectfully, (signature)

                   Date: (day of month) day of (month) A.D. (year)

 

Then I added this to the bottom to show when it was served:

 

This notice was served  [   ] in person to the tenant

   [   ] other method _____(explain)_________________

 

at __(time)__ a.m. / p.m. on date:___(date)____


Your notice will be different since the type of notice and language are different in your state.  But I suggest you put the date rent was owed on it (if no line for it, type in under the notice that "$XXX of rent was due and not paid on xx/xx/xx date").  And I'd include the notation on it that I added of how and when it was served.  Get a copy of the actual notice used and see if you can add this to the bottom in different size type and font to be distinguishable from the actual notice.  So far, the court here has had no problem with my additions to it.

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