Legal Question in Landlord & Tenant Law in Massachusetts
tenant is missing
my tenant at will who is one month behind in rent has gone missing. He had an altercation in the apartment and the cops have been looking for him since. He has not shown up since the incident, and will be 2 months behind in rent shortly. Can I obtain posession and evict him without the use of a constable? and how long am I responsible for his belongings if I move his stuff into storage or hold them in my basement?
2 Answers from Attorneys
Re: tenant is missing
It would not be a good idea. You should protect yourself by going through an eviction action in court. The sheriff or constable could serve the tenant at "last and usual"; it would be an issue about service, but your complaint would include a statement that the tenant appears to have abandoned the premises. Ultimately, it will be the sheriff or constable who is responsible for putting the furniture in storage. You would be best protected by going through court.
Re: tenant is missing
To protect yourself from a wrongful eviction claim you should send a 14 day notice to quit for non payment of rent . Only after 14 days from its delivery expires commence eviction in court and after sheriff serves the execution for possession if there is still no response can you, at your cost have sheriff truck belongings to a bonded storage facility where they must be kept a minimum of 90 days before they can be auctioned for the storage fees, the balance of which you must pay if the auction doesn't net enough to do so. All costs can be charged back to tenant if you can find him. Good Luck. PS Potential penalty for wrongfully evicting him can be triple damages and attorney's fees.
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