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tacopereira · Feb 23, 2006, 08:21 AM

Hello all,
I have a two family house in East Boston, MA. Both tenants have had a hard time paying the rent. Unfortunately I have become their friend ( big mistake ). I have given one of them an eviction notice (14 day ) but he now has given me this months rental amount ( still owes me about $5000. ) I am planning on selling the house in the spring and don't know if it is worth evicting him right now or just keeping him there as long as he pays me the minimum monthly rental amount. My main question is should I have him sign something stating that the eviction will continue if he does not pay the minimum rental amount monthly? Is that legal? Do I have to start a new 14 day notice every month?
I appreciate any advice. Thank you.

fredg · Feb 23, 2006, 08:28 AM

Hi,
You may have to check with a lawyer about this, but in my own opinion (I am not a lawyer nor a Professional in Rental Properties), I would evict them. The eviction notice means that they cannot pay the rent, and the $5000 in back rent is "rent".
This one payment was probably because they received your eviction notice! If they wanted to stay there, and could afford it, they would have paid all the money owed you. They cant' afford it, and you will be losing money every month. If you decide to sell the house this spring, there is no guarantee that it will happen as fast as you might like. It could take months, but hopefully not.
I do wish you the best of luck.

Fr_Chuck · Feb 23, 2006, 12:46 PM

I would say that if:

They are good clean renters, and make the property look better by their upkeep, they would be a benefit in having them in your proper.
If they make a mess, have or make the space look bad, you may get more money without them there.

Next of course if you are selling for it to someone else for rental property, and they want to see your books, and you are honest, they can be a liablity.
If you are selling it and they don't want to see your books then it looks like it is rented and money making property.

And in the end, if you are going to do a lot of maintaince on the property to get a better selling price, painting, carpet, bathroom or kitchen repair it is easier without them there.

And honestly since you have been letting them not pay the entire balance after you started with the notices, you need a good real estate attorney in your area to answer if you can or can't since you have set a past practice of acceptance at this point and not followed though with your actoins after starting them