“Battling A System Built Against Me”: A Frustrated Housing Provider Turns to SPOA

The Small Property Owners Association (SPOA) enjoyed a productive year in 2022 — thanks to the robust participation of members and supporters who heard our calls to advocate for property rights. Together, we made our collective voice heard in large numbers when we opposed rent control during the Boston “rent stabilization” hearings and when we contacted our representatives to protest the disastrous Tenant Opportunity To Purchase Act (TOPA) — also known as “tenant right of first refusal.” These efforts were certainly noticed by government officials and reporters. SPOA further resisted calls for continued eviction moratoriums, as well as proposals to seal the eviction and criminal records of prospective tenants. Fortunately, these proposals have been set aside for the moment. We also promoted rent escrow to ensure proper withholding of rent, when warranted, without any scams or abuses against the property owner. With your help, we know that we were heard, as we conveyed our message via writing, webinar, public testimony, and private meetings with government officials. Moreover, SPOA fielded calls and emails from property owners experiencing challenging times. Below is one of those messages from a frustrated housing provider who has confronted a difficult tenant, as well as a nightmare eviction battle.  

“Battling A System Built Against Me”

Two years ago, I rented my own house in Massachusetts before relocating to another state for a temporary work assignment. The contract was a term lease, which was set to expire after one year. Soon enough, the tenant continually refused access to the house for inspection, citing that his mother, who was on oxygen, was sick, or he was sick or not home, etc. Although I had the right to enter, I decided to be patient and to respect his wishes, especially given the complications surrounding the COVID-19 pandemic. 

The exterior of the property was not being maintained and trash was piling up. Trash could be seen through the windows. Neighbors had complaints. Tension grew as he was told to clean up and would not. Then, the tenant began paying rent late every month.

When I spoke to the Board of Health, they explained that they could not cite the tenant. Instead, they could only cite the property owner. They claimed that it is the owner’s responsibility to convince the tenant to clean up. I had no means to do this — and no help from the town and state!

A water leak, which was likely intentional in hindsight, developed in the basement. The tenant phoned me to complain about not being able to shower while there was a large leak. He was beginning sentences with “for the record” and mentioning court. I sent a plumber to evaluate. The plumber mentioned the house was a disaster inside, and it smelled like marijuana (keeping in mind the tenant’s mother was on oxygen).

The plumber called from the property to explain that the needed repair was simple. In turn, the tenant snatched the plumber’s phone and began arguing. During that argument, the tenant yelled, “Send me paperwork! I’m not paying anymore!”

I hired another plumber and the repair was made as quickly as possible.

I sent an inspector to the house and they found multiple lease violations and dangerous living conditions. Smoking in the house, fire hazards, blocked exits, garbage piled up, etc. It was clear that the tenant’s mother, who was on oxygen, could not live safely in these conditions.

The tenant was served with a notice to quit and summary was filed with the court.

There was a rent payment moratorium in place due to COVID-19, but health and safety concerns were exempt. Around this time, the tenant also stopped paying rent.

I alerted the police and fire departments to the living conditions and fire hazard, but they both said it was a civil matter and they couldn’t do anything.

I alerted the Board of Health and found out the tenant had filed a complaint against me. The agent at the time took information and stated he would take care of it.

I was later informed by my attorney that there was also a criminal complaint against me. Apparently, the tenant had given the Board of Health a fake address and the new agent claimed they could not get ahold of me — even though they used the same email address that I had communicated with the previous agent on — so the case was pushed to trial.

This complaint was now for water quality. I sent water filtration companies to test and determine the problem and solution. After several tests and investigations, it was found that the water filtration system had been tampered with and was not working. The water filtration company recommended not replacing the system, as tampering is not covered and the new system could be compromised.

At this point, we had already been waiting months for an eviction trial date, but somehow — the complaint against me quickly had a date in place!

In court, the state told me that even though the tenant had tampered with the system, they still required me to “do something” to “temporarily make the water quality better” because of the projected eviction time.

Meanwhile, I continually demanded a response from the Board of Health about the living conditions and dangers to the tenant’s mother to no avail.

Still waiting on an eviction trial date, I sent a plumber to install an in-line filter that cannot be tampered with and the charges were dismissed.

When I alerted the state to the living conditions, they forwarded me to an agency to take claim information. However, when I went to housing court to get a status update, they could not find my file. My attorney looked into it and the housing court claimed to have lost our paperwork!

We then had to refile the summary and begin waiting for the date to be assigned again.

A mediation step was added to the eviction process — using more attorney time, delaying the eviction process, and costing me added funds. 

The tenant had not paid rent in over a year at this point and his attorney stated he did not intend to vacate. The tenant was also trying to demand $25 in clothing damages from water stains. So we pushed for trial.

I called the state elder abuse agency for an update and found my fears realized. They said that tenant’s mother had passed and they would not make a claim because she was “no longer in danger.”

Meanwhile, the conditions at the property degraded further.

After pretrial, we were finally scheduled for trial. But the tenant’s lawyer continually came up with reasons for continuances.

After several months, we were rescheduled for a pretrial again, rather than a trial. There, the tenant had a new attorney and was coming up with more excuses to delay. The tenant’s attorney filed a summary judgment upwards of 148 pages.

My attorney began complaining about the amount of time into this case, the amount of paperwork, and low pay. We had a flat fee schedule I had already paid and no more funds left after 2 years of battling.

My attorney then stepped down stating, “our relationship has degraded,” and the judge continued further for me to find representation.

I am now burnt out and bankrupt after over 2 years of battling a system built against me, while a tenant takes advantage of me and the system — while living for free in my house, which he is destroying — after possibly getting away with causing his own mother’s death.

He owes me $40,000 in back rent and possibly more in damages, while I have nothing left to hire a new attorney, only days away from trial.

Aftermath

After receiving the above report from the property owner, SPOA suggested a list of good attorneys to give him representation. The housing provider has since felt confident with his new representation, as his case continues. But he is still unable to return to his home, now that his out-of-state work assignment is over, despite the expiration of the rental lease. 

SPOA has also offered assistance to other owners who have said that they would have been much better off had they come to us sooner. But as a group of volunteers, we can’t continue our advocacy and support of housing providers — and the many other good tenants who depend upon them — without support from you. Please join SPOA and donate $100, $500, $1,000, or more. 

Despite challenges with the current system in some — but not all — cases, property owners still have a fighting chance. But if the radical tenant activists pass the devastating proposals that will be reintroduced next year, the small property owners will certainly face extinction — thereby harming owners and tenants, the housing supply and city infrastructures, the other businesses that we support, and the average tax payer. Please join us in our efforts, please donate, and please keep your heads held high over the holiday season. We can win this fight if we stick together, as we did this past year, so that the system works for all of us. 

Again, please donate to SPOA, or send checks to “SPOA, Inc.” at 840 Summer Street, Boston, MA 02127. 

by Amir Shahsavari