This tenant won't leave, eviction filed but it's not working?

Question

Got a tenant, right? She stopped paying rent and has poor paying history, but is now "ready" to start paying again.

Details: her & b-friend used last month's rent and security deposit as rent, but I filed eviction WHILE she was using her security deposit as rent (no lease, state of MA), so lawyer says she's not REALLY late and the judge will throw it out. lawyer wants me to take the rent she offers w/o security and be happy.

Their history: stop payments on checks and insufficient funds (checks returned).

So am I FORCED to keep her there?

Answer 1

if eviction date has passsed and they have no children

call the sheriff  

Answer 2

no.  The lawyer can argue what he wants, but the agreement demands payment of rent, not unilateral conversion of deposits.  The judge knows that.  You will get the eviction order and if they don't leave then you can get the sheriff to move them out.  

Answer 3

Each state's laws vary.  If the lawyer said she can use deposit as rent (which doesn't sound right to me) then go ahead and let her do that.  Just wait till next month to carry out the eviction.  

Answer 4

The reason the lawyer gave you that suck a** advice is because in Massachusetts, landlords don't have rights. Tenants have all the rights.

You are on the losing end of this deal.

If you have copies or documents to support their payment history, you might have a leg to stand on when facing the judge.

Answer 5

I would retain another lawyer; In general the security deposit can not be used as last month rent for what about damage to the unit? So I do not believe a Judge would order you to use security as last months rent.

On getting them out, are they on a month to month? If so look to end with month notice, if its not that easy then on a fixed term it sounds like you need to step up and enforcing the lease to the T,

I would refuse to accept any more checks if they are bouncing even if its not within the lease provision, the first time they are late you need to file, the moment a check bounces you need to file, also maybe try and contacting the local police on a hot check, look toward any and all lease violations to see if you can evict for that maybe

Answer 6

You will have to take her to court and get her formally evicted. Then she will have to be out in so much time (court decides). If she doesn't then you have the right to lock her things in storage until she pays you or you can sell her stuff for payment.