Evicting a tenant who owes months of rent can leave you with a major financial loss. Even after you get your Massachusetts rental property back, you may struggle to collect what the former tenant owes. State law gives you several ways to seek unpaid rent, but you may not recover the full amount.
Can you pursue unpaid rent after eviction?
Under Massachusetts law, you can seek unpaid rent during an eviction case. The court must have legal authority over the tenant before it can order payment of the rent owed. If you did not include that claim, you may pursue the debt through a separate lawsuit.
Your lease, rent records and payment history can help show how much the tenant owes. For debts of $7,000 or less, small claims court may also be an option.
Can you use the security deposit?
State law allows you to deduct unpaid rent from a security deposit if the tenant did not legally withhold the rent. However, breaking certain deposit rules can mean losing the right to keep any of the money.
Under state law, you generally must return any remaining deposit within 30 days after the tenancy ends. If you fail to return the deposit balance owed to the tenant on time, the law may require you to pay triple that amount, plus interest, court costs and attorney fees.
What happens after obtaining a money judgment?
A court judgment confirms the amount a former tenant legally owes, but it does not guarantee payment.
If the tenant does not pay, you may obtain a writ of execution. This court document helps you collect the money owed.
Another option is supplementary process, which helps the court assess whether the tenant can pay. State law protects certain income from collection, including Social Security, qualifying disability benefits, public assistance and portions of wages. If the tenant has no income or assets available for collection, recovering the debt may be difficult.
Choosing the right collection approach
The steps for collecting unpaid rent depend on whether you already have a court judgment. An attorney familiar with Massachusetts landlord-tenant law can help you identify the appropriate process and assess potential costs. Understanding your options for recovering unpaid rent can help you decide whether further action is worthwhile without adding unnecessary expenses.