Eviction and or 30days terminate Month to Month Rental - Both vs either-or actions

[Helping.Law]

Jurisdiction

Massachusetts

Found a housemate on CL. When applied for rent, she cried she just gone thru divorce and lost her 2 children to her 1st-Ex due to DUI-#1 - need help starting over. My sister is going thru a divorce now of 34yrs marriage & it's so painful! So in my hurting heart I wanted to help her by giving her a chance and agreed to let her pay rent on installment. Before move in she paid security deposit & signed a Month to Month rental agreement.

1st payment due 10days after moved in, she refused to pay due to her quitting of her employment & demand to retain all of her paycheck to last till she gets next job - but did pay only $200. Since then she demanded that her security deposit should be use as her rent payment that she owed.

Have given 1st notice to quit in November. She begged to stay + offered to paid using $400 US-Savings Bond(when mature). I stopped demanding her to leave - still trying to humanly respond to her cried for help by given her a chance to help her getting on her feet.

45days after moved while working on the 1s day at a temp-job she got DUI-#2 for drinking a few cocktails after work got thrown in jail & lost that job. She reach out and begged me to help get her watch her cat during her jail time and get her car out of impound.

she still begging to stay & promised to pay when she got steady income from employment. Now she has been working for 1-full month at $23/hr but refused to make any rent payment until her kids US-bond return to her FIRST or else (demand during her drinking high - She threaten she'll take me to court if her US-bond not return & she got 4 good attorney friends to do so with her 1st Ex-husband is criminal attorney along with 2-DUI attorneys & 1-Divorce attorney to help her) She now owed over $2000 (with $900 deposit). She has been told that until all of her rent+utilities owed are paid, the "US-savings bonds" will promptly returned with witnesses present.

1Jan she was given a written 30days notice to terminate current month to month rental - expired 31Jan2016.

Her threat reply was "I'll not go & will pay rent after the bond return. If need be I will go to court & carry out "State of Execution" . . . . which I do not know that that is or its meaning.

She is stubborn, bold, and expect entitlements and MAY NOT leave on 31Jan2016. - - How do I get her out of my home & recover the rent owed to me?

1) Do I have the right to take back "my property" by personally move her belonging out on 31Jan16 since she has been served written 30 days termination notice per the month to month rental agreement - with signed witness present when notice given to her by me?

2) Legally can I as well as should I serve her with an additional 2nd "14-DAYS NOTICE TO QUIT" at this time due to non payment to start the eviction timeline? _ _ This is to anticipate she might or might-not respond to either: pay-up rent owed, or move, or go to court to stop this 2nd-Notice to Quit eviction (when I carry it out). Otherwise time is on her side to stay and stay and stay with no pay.

..... time is of concern because the longer she stay and living here into next month, the more she owed in back rent or .... the less I will have in rent pay to help me with my current mortgage & utilities that i am now behind and growing.

3) How do I get her to pay what she owed.... small claim court, or housing court, or what are the ways out there as my options?

Please help and very upsetting for being wronged and suffered while helping a needy yet very-ungrateful woman. With many thanks!

 

[army judge]

Before you do anything, thoroughly read the information on eviction in MA:

For Landlords: Starting an Eviction

For Landlords: Starting an Eviction

Okay, the ONLY way to get this deadbeat out is to follow the steps to evict her as explained above.

When you serve the required NOTICE, as discussed in the link, return her bond to her. Make sure you have a witness to the return of the bond.

She can cause legal trouble for you if you continue to hold her bond hostage.

While the bond is being handed over to her, have someone take a video of the process. Return the bond, BEFORE you serve her notice.

Don't do anything to her property.

Truthfully, all you can expect is to get her evicted.
You'll probably never get a dollar of what she owes.
But, you'll never make money while she's squatting in your unit.

You need to stop falling for lies and tall tales.
If you want to be a landlord, money is the only thing you must seek.
Otherwise, you'll become a soft touch for any hard luck story.
You could still be a landlord, if you hire someone to collect your rent.

You seem to not fully understand how renting property works in the United States. You might want to learn.

It will take anywhere from two to three months to get her out if you follow the instructions. If you make a mistake,it'll take longer, and you'll have to start over.