# Would this consider being a trespassing issue?



## johnjohn (Nov 23, 2006)

My mother owns a building that is utilized as a flea market and she provides spaces for vendors for a paid fee. To us we do not consider this as a tenancy or rent, but rather a participation fee. I am having major issues with one particular vendor who refuses to pay what is due and obey the rules (safety/fire hazard regulations) and I need to get him out of the premises. Seeing that he is paying to participate and not actually paying for "rent", would this be considered an issue involving tenancy and a civil matter, or since he is no longer wanted on the premises, can he be served with a trespass notice and get removed that way?

I guess what I really want to know is, would my local PD be able to do anything about this. 

Thanks in advance.


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## Goose (Dec 1, 2004)

He refuses to pay what is due, and you later say that he is paying to participate, which is the case? You can certainly serve him with a trespass notice. If he continues to trespass, then he can be arrested, but you're being pretty vague on his reasons for being there.


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## jedediah1 (Jun 18, 2009)

get an eviction just in case to avoid being sued by a turd burgling attorney


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## 263FPD (Oct 29, 2004)

Would this not be considered tenancy at will? If so, show him the door. If he isn't wanted, draw up a letter of trespass (use the search feature on this site to see how it's done/worded.) Ask the PD where he lives to serve him or hire a constable to do it. File a copy with return service with the PD that has jurisdiction over the flea market location, sit back and wait for him to violate it, and call the police.

I consider your question answered, and I really do not care about whatever it is that you are not telling us. Based on your question, this is the answer. If you are leaving something outand get your ass sued as a result, it will be your fault and no one else's.


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## johnjohn (Nov 23, 2006)

Thanks for the advice fellas.

Jedediah1, what you said was my main concern, so I wasn't sure if this would be an eviction situation or not, but you are definitely right, it's better to be safe then sorry. The guy actually mentioned to me today that he will be going to court tomorrow, I am not sure under what ground so since I have never touched any of his belongings.

Frank, I apologize for being vague. This guy has been a vendor for a few months and have been good with paying his dues, until the past few weeks. I know when I said, Seeing that he is paying to participate and not actually paying for "rent"', it was a bit confusing. What I meant to say was, the money he was paying me wasn't for a rent but rather an fee to allow him to sell in the facility.

I would like to really avoid eviction because of the time and cost I will acquire. The quicker I can get this guy out, the quicker I can redeem my lost for the time he has not been paying.

Whenever, we try to address the issue with him he throws a fit, so I just can't find a civil and humane way to deal with him.



263FPD said:


> Would this not be considered tenancy at will? If so, show him the door. If he isn't wanted, draw up a letter of trespass (use the search feature on this site to see how it's done/worded.) Ask the PD where he lives to serve him or hire a constable to do it. File a copy with return service with the PD that has jurisdiction over the flea market location, sit back and wait for him to violate it, and call the police.
> 
> I consider your question answered, and I really do not care about whatever it is that you are not telling us. Based on your question, this is the answer. If you are leaving something outand get your ass sued as a result, it will be your fault and no one else's.


I think my description of the situation was all laid out. But what you have stated is what a local constable have advised me to do also. I have asked that constable to serve him with a trespass notice, so shortly we will see what happens.

But I appreciate everyone's quick response, which what I was looking for.


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## Sentinel (Sep 29, 2009)

Personally I've found that waiting around the corner at closing time and black bagging the sob works everytime.

But that's just me.


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## OfficerObie59 (Sep 14, 2007)

Take a step back for a second. How is this in anyway a landlord tenant issue at all? He's not renting for occupancy, he's renting space in which to sell goods. Unless you guys have a binding contract, what's the problem?

Sionora, don't come back.

Personally, if I got called for this, I'd tell the vendor he was a no-go for that day. Then I'd tell you to consult lawyers. This is a civil issue.


jedediah1 said:


> get an eviction just in case to avoid being sued by a turd burgling attorney


I strongly disagree. Seems to me that would be an implicit admission that the landlord indeed views this as a landlord/tenant issue.


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## johnjohn (Nov 23, 2006)

Thank you obie. 

The thing I don't quite understand, from his perspective is, he can't afford to stay in the facility any longer, so I don't really know why he would continue to place the financial burden on himself. If I was in the predicament he's in right now, I would have save myself from the embarrassment and just let. I would understand his fight to stay if he was making $500+ profit a day, but he would be lucky to even see a $100 profit, in any given day, with the junk he sells.


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## 11-BRAVO (Jun 28, 2009)

If he takes all his things with him at the end of the day, just tell him that he is no longer welcome when he comes back. Don't waste $ on some scumbag lawyer when you can handle this yourself. No pay, no stay.

If he does keep his stuff there, just fill out the no trespass order, but ask him to leave first. If he refuses, serve him with the order and call the cops if he violates. This is not like evicting a tenant from an apartment that has kids. Here are some things you can scare him with if he messes with you:

This is a direct quote from MGL chapter 101 section 1 (the legal definition of a "transient vendor")

"Temporary or transient business", any exhibition and sale of goods, wares or merchandise which is carried on in any tent, booth, building or other structure, unless such place is open for business during usual business hours for a period of at least twelve consecutive months.

Here is the link to the page where all the laws regarding transient vendors can be found M.G.L. - Chapter 101 - Table of Contents

If he is not paying *YOU* then he is probably not paying the commonwealth either. The commonwealth may not really care if some guy owes *YOU *money, but when someone owes *THEM *money....

Ask to see his license and check the expiration date. Good luck!


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