I have had a tenant for 6 months he has chronically been late for the rent, I had enough and served him with 14 day notice to quit, after receiving the summons he moved the case from district to housing court causing a delay, and called the health dept for an inspection, they found me in violation of codes broken window broken doors slow flushing toilet (I have a receipt from a plumber unclogging this a week earlier)all this is damage caused by the tenant, the only proof that the apartment was in good condition is the tenants signature on the lease as such, like I said six months ago(every page of it is initialed).
After starting this procedure I found out they were also very noisy and disrespectful to other tenants, I have obtained 3 police listings of them being called out for excessive noise after midnight. Can I serve them with a second notice to quit (30 day for lease violation) and start a second court process(with the first one still in progress)without it being considered a vindictive persecution due to the health inspection(I believe I have already established that I planned to evict the tenant anyway)and if the first case for some insane reason is found in favor of the tenant(I am in Massachusetts after all)will it have an effect on the second
After starting this procedure I found out they were also very noisy and disrespectful to other tenants, I have obtained 3 police listings of them being called out for excessive noise after midnight. Can I serve them with a second notice to quit (30 day for lease violation) and start a second court process(with the first one still in progress)without it being considered a vindictive persecution due to the health inspection(I believe I have already established that I planned to evict the tenant anyway)and if the first case for some insane reason is found in favor of the tenant(I am in Massachusetts after all)will it have an effect on the second