Q: I am a real estate investor that has started to participated in bank listed auctions.
If the property is occupied by owner/tenant I have heard that if you are acquiring the property for possession you are allowed to serve and evict the individual with a 30 day notice. They may appeal the eviction which can be dragged out in court for up to another 30 days. I got this legal advice from my primary lawyer whom I trust. My business partner who is a property manager seemed skeptical about this considering the pandemic we are in and the courts being closed.
This is out of my realm of education or competence and I am looking for other opinions and/or perspectives.
Thank you all for your time.
A:
Eviction of former owners is handled differently from eviction of tenants. Former owners are tenants at sufferance not entitled to notice to evict but common sense dictates they be given a reasonable amount of time to leave. I do not usually give thirty days notice but it is not unreasonable. You may or may not get a trial within thirty days after the expiration of your 30 day notice to quit. Yes, the former owner always has a right to appeal and that can extend the time during which the former owner remains in the property.
I suggest you go to Masslandlords.net: https://masslandlords.net/ and a consumer website, MassLegalHelp https://www.masslegalhelp.org/housing/lt1-chapter-18-foreclosures to get the latest on evictions in Massachusetts with COVID and eviction moratorium information.
I would be interested to know what your experience has been or will be with sales you attend with the public gathering restrictions, social distance requirements, and the possibility that a sale during the COVID emergency might be 'chilled' because bidders are reluctant to attend due to COVID fears.
1 user found this answer helpful
A: It is a complicated subject but I understand that there is still the process of eviction available but who knows when you would be heard and there may be more relief to tenants in the future who knows!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
