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16 RIVER STREET - DOCUMENTS REGARDING SHORT TERM RENTAL COMPLIANCE
r -s COMPLETE • ■ Complete Items 1,2,and 3. A_S; ature ■ Print your name and address on the reverse t so that we can return the card to you. ❑Addresm ■ Attach this card to the back of the mailplece, B. Received by(Printed Name) D e o ive� or on the front if space permits. t. Article Addressed to: D. Is delive ry address different from Ite 1? ❑Yes N YES,enter delivery address below: ❑No Ntachelle Stathers 16.River Street Salem,MA 6197o III�III'I I II I'lll'IIII III I II IIII Bw I'lII IT I�II 3. Service Type 0Priority Mall se l7 Adult Signature ❑Registered ajlTm 4 Adult Signature Restricted Delivery ❑Registered Mail Restricte 9590 9402 8704 3310 6984 72 O Certified Malle Deliveryl7 Certified Mall Restricted Delivery O Signature COnflrmaU0nTM �rrirtln ❑Collect on Delivery f+1'Sl .4b 1. ynatu �ation 7 N„mhor fhanefnr firm a4rvlrw/nfwfl _ _l7 0045 01 Dell"Restricted Delivery ."Restricted Delivery. 9589 -D 71;0 S 27D 0283 D 5 3D 28 ail Restricted Delivery PS Form 3811,July 2020 PSN 7530-W-000=9053,is Domestic Return Receipt CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH Sara 98 WASHINGTON STREET,3RD.FLOOR SALEM,MA 01970 TEL. (978)741-1800 DOMINICK PANGALLO healdi@salem.com DAVID GREENBAUM,RS,CHO MAYOR e HEALTH AGENT August 5, 2024 Michelle Stathers 16.River Street Salem, MA 01970 VIA Certified Mail 9589 0710 5270 0283 0530 28 RE: Request for documentation substantiating your address of primary residency at 16 River Street Dear Ms. Stathers: The City of Salem has received a complaint alleging that 16 River Street is not your primary residence for 6 or more months of the year as is required to operate a short- term rental under the Salem Code of Ordinances, Section 15-2. Therefore,I write to request records in accordance with Section 15-6 (9) as follows: 1) Documents that demonstrate the dates you rented your property at 16 River Street for the past 12 months; and, 2) Documentation of your residency which may include voter registration, motor vehicle registration,lease, driver's license/other state-issued identification,or other credible evidence of permanent residency. 3) Any other documentation you wish the city to review and consider that demonstrates the number of months you resided at 16 River Street as your primary residence. A copy of the ordinance provisions referenced above is enclosed for your reference. Sin rely, avid Greenba i Health Agent Cc: City solicitor's Office Building Commissioner RECEIVED Michelle Stathers Snow AUG 16 2024 16 River Street Salem,MA 01970 CITY OF SALEM Phone: 860-806-3602 BOARD OF HEALTH Email: michelle.stathersngmail.com August 13,2024 David Greenbaum,RS, CHO,Health Agent Board of Health 98 Washington Street, 3'Floor Salem,MA 01970 RE: Request for documentation substantiating your address of primary residency at 16 River Street Dear Mr. Greenbaum, I'm writing to you in response to your letter.I am hoping you will grant us a one-time exemption to the Short-Term Rental Ordinance due to circumstances beyond our control. A short-term rental(three months maximum)defaulted immediately in January. We were planning on taking occupancy April 1 st,but this individual became a squatter, and did not leave until July 21,2024. I would like to provide the timeline of events that occurred and therefore didn't allow us to establish residency for six months within the last 12- month timeframe. I purchased 16 River Street in Salem in August 2019.I married Adam Snow in June 2022,and in attempt to financially plan for a(hopefully)growing family we decided to list our home via Airbnb for September through November 2023 and August 15 through November 9,2024, and had originally planned to stay with friends in Salem during those reservations.When I got pregnant in the summer of 2023,we decided we needed a home that would be suitable for an infant and unfortunately, 16 River Street is not.We purchased and moved into a home in Beverly,MA on August 15,2023.In order to afford the second house,we had to finance our second home accordingly to see through these existing reservations by borrowing from our 401(k)accounts and from family members,with the plan of selling the River Street house in January 2025. We were very understanding of the short-term rental requirements that Salem has and planned to live in the home for the 6-month period in 2024(even if it meant piecing the timeframe together), and while we knew that would be challenging with a newborn, it was the only way we could maintain two properties. To continue to make the mortgage payment during the end of my pregnancy and for the first month of our child's life(January,February,and March 2024)we searched for a month-to-month tenant. We planned to move back in from April through August 15 and then again from November I I-December 31,2024. We never intended to continue to do short-term rentals in this home once we fulfilled the 2024 season since it was booked out well before we bought our second home and is why we planned to list the home for sale in January 2025. While a travel nurse had signed a lease and provided a deposit for January-March 2024(but still through a tenant at will,month-to-month agreement), he had to back out at the last minute due to Massachusetts accreditation issues.Being in a bind,I found a tenant,Toni Marie Bryan,through a short-term rental site, Furnished Finder, and she signed a tenant at will,month-to-month agreement with the understanding that she needed to move out by March 31, 2024,at the latest.Unfortunately,within two weeks of her rental agreement,we quickly learned she couldn't make rent payments, and we began the eviction process.That process unfortunately took us until July 21,2024,when the tenant finally moved out voluntarily. However,the house was destroyed due to animal neglect.We only received$400 for a 7-month period from the tenant, she racked up thousands of dollars in electric bills due to charging her EV Tesla and being careless with lights and other energy sources, and thousands of dollars of necessary repairs to the home and furniture. To summarize this very long-winded explanation,I am asking for an exemption from Salem's short-term rental regulation for 2024 since I wasn't able to fulfill the owner-occupied regulation due to this tedious eviction process.Due to not being able to establish residency in 2024 for the 6-month time,I canceled our 2024 Airbnb reservations that were scheduled for August 15-November 9,2024.Therefore,we were in compliance for 2023 since we lived in the home January-August 15,2023,but looking back at a 12- month timeframe rather than calendar year,that non-compliance was out of our control due to this "squatter"/tenant. Based on the sequence of events that have occurred this year,we have decided it is best to sell the home and plan to put it on the market by August 20,2024.We are working hard to make necessary repairs to the home. I greatly appreciate the time you've taken to read this explanation and am incredibly grateful for any accommodations you may be able to make for us since we weren't able to fulfill the 6-month residency requirement within the last 12 months but did live in the home full-time up until August 15,2023. Since this explanation is rather wordy,I have provided a timeline of events below. Attached please find: 1)My current driver's license which reflects our 16 River Street home 2) Certificate of Fitness for November 16,2022-November 15, 2023 3)Active Certificate of Fitness for November 16, 2023-November 16,2024 4)Community card provided to all Airbnb reservations in 2023 5)Fully executed tenant at will,month-to-month agreement for our tenant that stayed beyond her agreement through July 21,2024 6)Court documents reflecting the lengthy eviction process: -Notice to quit: provided to tenant for non-payment on 2/27/2024 - Summary Process(eviction) Summons and Complaint: provided on 3/25/2024 - Summary Process Agreement for Judgement:tenant agreed to move out by 7/1/2024 - Plaintiffs Request for Issuance of Execution mailed to court 7/l/2024 7)Confirmation of cancelled fall 2024 Airbnb reservations Timeline of events: August 2019:Purchased 16 River Street(lived full-time in 16 River Street from August 2019- August 14, 2023) August 15,2023: Purchased 420 Essex St,Beverly,MA(lived in 16 River Street from January 2023-August 14, 2023) August 11,2023-December 2023:Airbnb reservations(not consecutive nights,most weekends throughout those months) - January 23,2024: tenant at will(month-to-month lease),Toni Marie Bryan moved into 16 River Street - February 27,2024: issued Toni Marie Bryan a notice to quit document for non-payment - March 25,2024: issued Toni Marie Bryan summary process(eviction) summons and compliant - April 26, 2024: initial court hearing with Toni Marie Bryan to determine next steps of eviction process;was rescheduled to May 17, 2024 - May 17,2024: court date with housing mediator.Mediator expeditated the court date with the judge for June 7,2024(rather than having a pre-trial court date first) June 7,2024: Court date with judge.Toni Marie Bryan accepts proposal to vacate by July 1,2024 with us waving all owed rent(which at this point was over$16,000) July 1, 2024:tenant did not vacate. Execution was issued to the court to begin the physical eviction process and for constable to provide the 48 notice July 21,2024: tenant vacates voluntarily Please let me know if any additional information would be helpful to support our case. Sincerely, Michelle Stathers Snow CITY Y OF SALEM, NIASSACHUSr 1'TS �•A,�s ' BOARD OF HEALTr-I 98\KkSHINGTON STREET,3""1'LOOR .i:\I.PNt,iNfA 01970 TEL. (978) 741-1840 DoNiINICK PANG lJ O health Ug salcinxotri D,ww GltrH1NB,\lJ�t,R5,CHO MAYOR F-li,.,\i:ri i A(;1:NT August 5, 2024 Michelle Stathers 16 River Street Salem, MA 01970 VIA Certified Mail 9589 0710 5270 0283 0530 28 RE: Request for documentation substantiating your address of primary residency at 16 River Street Dear Ms. Stathers: The City of Salem has received a complaint alleging that 16 River Street is not your primary residence for 6 or more months of the year as is required to operate a short- term rental under the Salem Code of Ordinances, Section 15-2. Therefore, I write to request records in accordance with Section 15-6 (9) as follows: 1) Documents that demonstrate the dates you rented your property at 16 River Street for the past 12 months; and, 2) Documentation of your residency which may include voter registration, motor vehicle registration,lease, driver's license/other state-issued identification, or other credible evidence of permanent residency. 3) Any other documentation you wish the city to review and consider that demonstrates the number of months you resided at 16 River Street as your primary residence. A copy of the ordinance provisions referenced above is enclosed for your reference. Sincerely, havidlGreenballfn Health Agent Cc: City Solicitor's Office Building Commissioner Sec. 15-2. Definitions. Booking agent.Any person or entity that facilitates reservations or collects payment for a short-term rental on behalf of or for an operator. Director. Director of the inspectional services department or a designee. Home share unit.An entire residential unit offered as a short-term rental that is the operator's primary residence. ISD.City of Salem Inspectional Services Department. Limited share unit.A residential unit that is the operator's primary residence,a portion of which is offered as a short-term rental while the operator is present.Occupancy shall be limited to three bedrooms including the bedroom of the operator in a limited share unit. Non-owner occupied unit.An entire residential unit where the operator or owner does not live in either the unit or the building and it is not the operator's primary residence. Operator.A natural person who is either the owner or the lawful tenant of the residential unit that they seek to offer as a short-term rental.Only one owner or one tenant may be registered as an operator for a residential unit,and it shall be unlawful for any other person,even if that person is an owner or a lawful tenant and meets the qualifications of primary resident,to offer a residential unit for short-term residential rental. Owner-adjacent unit.An entire residential unit offered as a short-term rental that is not the owner's primary residence but that is located within the same dwelling or is otherwise within the same property as the primary residence of,and is owned by,said owner. Primary residence.The residential unit where the operator has established permanent residency. Permanent residency may only be established by a natural person or persons and not by LLCs,corporations,partnerships,joint ventures,or other similar entities. Proof of permanent residency shall be established by showing that as of the date of registration of the residential unit,the operator has resided in the residential unit for six of the past 12 months,as demonstrated by the following:voter registration,motor vehicle registration,lease,driver's license/other state-issued identification,or other credible evidence of permanent residency.Operators who have lived in the residential unit for less than six months prior to the date of registration assert permanent residency status based upon the above documentation,may be given authorization to register the unit only as the discretion of the Director of Inspectional Services. Residential unit.A residential unit is a dwelling unit as defined in the zoning ordinance but excludes the following:a congregate living complex;elderly housing;a group residence;a homeless shelter;temporary dwelling structure;and transitional housing. Short-term rentol(s).The use of a residential unit for residential occupancy by a person or persons for a period of fewer than 30 consecutive calendar days for a fee.A short-term rental may or may not be facilitated through a booking agent. (Ord.of 9-27-2018,§1;Ord.of 5-13-2021,§I;Ord.of 9-15-2022,§ 1;Ord.of 6-10-2021,§2;Ord.of 04-11-2024 (1),§ 1a) Created: 2024-07-15 08:SS:32 [EST] (Supp,No.27,Update 2) Page 1 of 3 Sec. 15-6. Requirements for short-term rentals. An operator may only offer a short-term rental subject to the following provisions; (1) Registration pursuant to section 2-705.Consistent with section 2-705,every new owner and/or operator is required to complete a new registration form and obtain a new certificate of fitness prior to making the unit available as a short-term rental.' To cover the expenses associated with monitoring compliance with the requirements of the ordinance, the director of inspectional services shall be authorized to set an annual registration fee per short-term rental unit,in addition to any fee that may be charged for certificate of fitness inspection(s), not to exceed the pro-rata cost to the city for monitoring and enforcement of this section. (2) Short-term rental of a home share unit.An operator may use their entire home share unit as a short- term rental without a limitation as to the number of days per year. Individual rooms within home share units may not be offered as separate short-term Rentals. (3) Short-term rental of a limited shore unit.An operator may use their limited share unit as a short-term rental without limitation as to the number of days per year. (4) Short-term rental of a non-owner occupied unit.An operator may use their non-owner occupied unit as a short-term rental only if the operator was engaged in the short-term rental of the property as of the date this ordinance was filed with the council and provided that the operator obtains a special permit from the zoning board of appeals.Qualifying operators must petition for a special permit within 60 days of the date of passage of this ordinance in order to be eligible for this exception.Rentals of non- owner occupied units must be for the entire unit;individual rooms within non-owner occupied units may not be offered as separate short-term rentals.Non-owner occupied units used for short-term rental under this subsection shall be subject to section 36-6 of the ordinance and required to pay a trash fee,but shall not be eligible for a vacancy waiver pursuant to section 36-6 d. (5) Short-term rental of an owner-adjacent unit.An operator may use their owner-adjacent unit as a short- term rental without limitation as to the number of days per year.Rentals of owner-adjacent units must be for the entire unit;individual rooms within owner-adjacent units may not be offered as separate short-term rentals. (6) Permission of owner.An operator must certify at the time of registration that they have the following permissions to offer their residential unit as a short-term rental: a. Operator is the owner of the residential unit offered as a short-term rental or is a tenant who uses the residential unit as their primary residence and has the permission of the owner;and b. that offering the residential unit as a short-term rental complies with applicable condominium documents, bylaws,leases,or other governing documents. (7) Local contact. When registering,an operator must provide their name and contact information,and,in the event the operator is not present during the short-term rental,the name and contact information of an individual who is able to respond in person to any issues or emergencies that arise during the short-term rental within two hours of being notified.Contact information must include a telephone number that is active 24 hours per day to tenants,short-term rental occupants,and public safety agencies.This phone number shall be included in the registration of the short-term rental unit at the time of registration. ' This provision shall take effect on April 15,2019. Created: 2024-07-15 08:S5:32 (EST) (Supp.No.27,Update 2) Page 2 of 3 (8) Compliance and interaction with other laws.The operator shall comply with all applicable federal, state,and local laws and codes,including but not limited to the Fair Housing Act, M.G.L.A.ch. 151B and section 2-2055 of this Code,and all other regulations applicable to residential dwellings.The residential unit offered as a short-term rental shall continue to be subject to the requirements of section 2-705 of this Code to obtain a certificate of fitness and the applicable requirements of the state sanitary code. Occupancy limits contained In the zoning ordinance and the state building and sanitary codes shall apply.A residential unit offered as a short-term rental may also be subject to annual fire prevention inspection. (9) Retention of records.The operator shall retain and make available to ISD and/or the Health,Police and Fire Departments,upon written request,records to demonstrate compliance with this section, including,but not limited to:records demonstrating number of months that operator has resided or will reside in the residential unit and records showing that operator is the owner or valid leaseholder of the residential unit offered as a short-term rental.The operator shall retain such records for a period of three years from the date the residential unit is last registered for a certificate of fitness inspection. (10) Notifications. a. The operator shall furnish each guest with a community information card containing,at a minimum,(a)emergency telephone numbers for the Salem Police Department and Salem Fire Department,(b)a description of the regulations,if any,relative to on-street parking at the address and fines for parking violations,(c)a description of the city's trash and recycling requirements,including the date of trash and recycling collection at the address,and(d)a copy of the city's noise ordinance.A current copy of the unit's community information card should be furnished to the city at the time of registration or inspection.The operator shall also post a sign on the inside of the residential unit providing information on the location of all fire extinguishers in the unit,and,if applicable,the location of all fire exits and pull fire alarms in the dwelling. b. The Operator,upon listing a short-term rental with a booking agent,or modifying an existing listing shall file with the city an exact duplicate of the listing,including property address.Listings must specify the quantity of off-street parking,if any,and whether or not the address is located in a resident-parking zone,including the October resident-parking zone.The city shall maintain a list of the address and unit type of all short-term rentals on file with the city that are currently being offered. C. The operator must have on file with the city the name and contact information for the operator if local or,if not local,the name and telephone number of an individual who can respond in person to any issues or emergencies at the property within two hours of being notified. d. Any listing made by the operator with any booking agent or on any website shall prominently display proof of current registration and receipt of a certificate of fitness within the prior 12 months. (Ord.of 9-27-2018,§1;Ord.of 10-11-2018,§ 1;Ord.of 5-13-2021,§I;Ord.of 9-15-2022,§ 1) Created: 2024-07-15 08:55:32 (EST) (Supp.No.27,Update 2) Page 3 of 3 17b6 36 www.mass.govlrmv MA 02r2212D16 1110611984 CLASS- rr- D:Smell vehicle teas than 26,0611b$,excsptsch0Dl ` bus. ENDORSEMENTS• REg1RICTIDNS- ' NONE NONE i- 1� CHANGE F ADDRESS.Pw BELOW.� T tHK MASSACHUSETTS D c�sE �,,• , 1 6 211612022 S9 3 73380 - 4119612Q2�-'_ 11106/1984 - CtAss a fteff 9�NO - NE SNOW 2 MICHELLE STATHERS 816 kIVER ST TTr SALEM,MA 01970-3202 tBms HAZ 1 155IX F 16HGT J^-0P,f 11/06184 5 DD i2marna Rev D2'zms comr City of Salem, Massachusetts � Board of Health lu Epp 98 Washington St,3rd Floor Salem,MA 01970 sg Tel. (978)741-1800 PublicHeWth health@salem.com Prevent.Promote.Protect, Kimberly Driscoll David Greenbaum Mayor Health Agent CERTIFICATE OF FITNESS - SHORT TERM RENTAL CERTIFICATE #: STR-44 DATE ISSUED: November 7, 2022 DATE OF EXPIRATION: November 7, 2023 Property Located At: 16 RIVER STREET Owner/Agent: Michelle Stathers Pursuant to the requirements of the City of Salem ordinance Chapter 2 Article IV Division 3,Section 705: Certificate of fitness of rented dwelling unit, apartment, or tenement.An inspection of your vacant Dwelling/Rooming Unit at the above address has been approved and is in compliance with 105 CMR 410.000: Massachusetts State Sanitary Code, Chapter II"Minimum Standards of Fitness for Human Habitation." Therefore,this Certificate is issued by the Code Enforcement Division of the Salem Board of Health and the unit may now be rented and/or occupied. Maximum Number of occupants,must comply with 105 CMR 410.000 Certificate valid for 1 year from date of issuance and must be renewed annually. This Certificate of Fitness is valid only if there is a valid Certificate of Occupancy. Note: This approval does not certify compliance with the state lead law for occupants under 6 year of age. Aw R David Greenbaum SANITARIAN HEALTH AGENT City of Salem, Massachusetts hev Board of Health lu 98 Washington St,3rd Floor Salem,MA 01970 s�'••j"� Tel.(978)741-1800 "" N NbllcHealth °'"'" °� health@salem.com Prevent.Promote.Prolccl, City of Salem David Greenbaum Health Agent CERTIFICATE OF FITNESS - SHORT TERM RENTAL CERTIFICATE #: STR-130 DATE ISSUED: November 16, 2023 DATE OF EXPIRATION: November 16, 2024 Property Located At: 16 RIVER STREET Owner/Agent: Michelle Stathers Pursuant to the requirements of the City of Salem ordinance Chapter 2 Article IV Division 3,Section 705: Certificate of fitness of rented dwelling unit,apartment,or tenement.An inspection of your vacant Dwelling/Rooming Unit at the above address has been approved and is in compliance with 105 CMR 410.000: Massachusetts State Sanitary Code,Chapter II"Minimum Standards of Fitness for Human Habitation." Therefore,this Certificate is issued by the Code Enforcement Division of the Salem Board of Health and the unit may now be rented and/or occupied. Maximum Number of occupants,must comply with 105 CMR 410.000 Certificate valid for 1 year from date of issuance and must be renewed annually. This Certificate of Fitness is valid only if there is a valid Certificate of Occupancy. Note:This approval does not certify compliance with the state lead law for occupants under 6 year of age. Elizabeth Gagakis David Greenbaum SANITARIAN HEALTH AGENT Salem Community Information Card Emergency telephone numbers: Salem Police Department: (978)744-1212 Salem Fire Department:(978)744-6990 Emergency telephone number:911 Salem Department of Health: (978) 741-1800 Salem Hospital:81 Highland Ave,Salem, MA 01970 16 River Street Contacts: Adam: (978) 548-0320 Michelle: (860) 806-3602 Salem regulations: 1) No on-street parking on River Street, Bridge Street or any surrounding streets during the month of October.Street parking is restricted to residents at this time. Fines for parking violations are$50/day. Our house, 16 River Street, has a single-car driveway located just beyond the house on River Street and three car spaces on Bridge Street directly behind the house. 2) Salem trash and recycling requirements: Trash pickup from the curb occurs every Thursday morning for River Street. Recycling is every other Thursday morning.The barrels are located on the top driveway next to the sun-room entrance of the house. 3) Salem noise ordinance:The city's noise ordinance is between 11PM-7AM, but we ask that you please be respectful of our neighbors and keep noise levels down during evenings (around 10PM) and early morning hours (through 8AM). 4) Fire extinguishers are located: Cabinet below the kitchen sink and master bathroom vanity. There is an escape ladder located behind the shower on the second floor. AGREEMENT FOR TEMPORARY TENANCY: 16 River Street,Salem, MA 01970 1. Identification of Landlord and Tenant This Agreement is entered into between Toni Marie Bryan ("Tenant")and Michelle Stathers Snow ("Landlord"). The premises will be leased to the tenant who is liable for the payment of rent and performance of all other terms of this Agreemert. A copy of your driver's license or passport and a current occupation/employer reference are to be furnished along with the signed agreement.A background check may also be run prior to occupancy and your signature below consents to this process. 2. Identification of Premises Subject to the terms and conditions in this Agreement, Landlord rents to Tenant, and Tenant rents from Landlord, for residential purposes only,the premises located at 16 River Street Salem MA("the premises"),together with the following furnishings and appliances: _refrigerator, stove/oven garbage disposal built in millwork microwave, air fryer, washer and dryer. 3. Limits on Use and Occupancy The premises are to be used only as a private residence for Tenant. Occupancy by guests for more than 2 weeks is prohibited without Landlord's written consent and will be considered a breach of this Agreement. Max 4 Occupants.Additional occupant must fill out an application and sign a lease prior to occupying the premises. 4. Term of the Tenancy The term of the rental will begin on January 23, 2024,and end no earlier than 1 month from initial occupancy, currently anticipated as February 29,2024. If extenuating circumstances occur and the lease must be broken, a penalty of 50%of the monthly lease ($1,600)will be due to Landlord at time of notice. If Tenant vacates before the term ends, Tenant will be liable for the balance of the rent for the remainder of the full rental term. The Tenant shall have the option to continue on a month-to-month lease. After the initial term is fulfilled, Landlord may terminate or modify the terms of this agreement by giving Tenant fifteen (15) days written notice. After the initial term is fulfilled,Tenant may terminate the terms of this agreement by giving Landlord Tenant fifteen (15) days written notice. First month's prorated rent of$929.03 (last month's rent is inclusive of the$500 deposit) is due by January 23, 2024. First full month's rent will be due February 9, 2024 and each month following, rent of$3,200 will be due on the first of the month. 5. Default In the event of a default by Tenant, Landlord may elect to (a) continue the lease in effect and enforce all his rights and remedies hereunder, including the right to recover the rent as it becomes due,or (b)at any time,terminate all of Tenant's rights hereunder, and recover from Tenant all damages he may incur by reason of the breach of the lease, including the cost of recovering the premises, and including the worth at the time of such termination, or at the time of an award if suit be instituted to enforce this provision, of the amount by which the unpaid rent for the balance of the term exceeds the amount of such rental loss which the Tenant proves could be reasonable avoided, and any other damages as provided by law. Tenant is hereby notified that a negative credit report reflecting on Tenant's credit record may be submitted to a credit reporting agency if Tenant fails to fulfill the terms of this Rental Agreement.All remedies provided herein are cumulative. Violating Laws and Causing Disturbances Tenant is entitled to quiet enjoyment of the premises.Tenant and guests or invitees will not use the premises or adjacent areas in such a way as to: (1)violate any law or ordinance, including laws prohibiting the use, possession,or sale of illegal drugs; (2)commit waste (severe property damage); or(3) create a nuisance by annoying, disturbing, inconveniencing,or interfering with the quiet enjoyment and peace and quiet of nearby residents. 14. Pets See pet agreement below. 15. Landlord's Right to Access Landlord or Landlord's agents may enter the premises in the event of an emergency,to make repairs or improvements, or to show the premises to prospective buyers or tenants. Landlord may also enter the premises to conduct an annual safety and maintenance inspection. Except in cases of emergency,Tenant's abandonment of the premises, court order, or where it is impractical to do so, Landlord shall give Tenant two days notice. 16. Extended Absences by Tenant Tenant will notify Landlord in advance if Tenant will be away from the premises for ten (10) or more consecutive days. During such absence, Landlord may enter the premises at times reasonably necessary to maintain the property and inspect for needed repairs. 17. Possession of the Premises:tenant's failure to take possession. If, after signing this Agreement,Tenant fails to take possession of the premises, Tenant will still be responsible for paying rent and complying with all other terms of this Agreement. 18. Landlord's failure to deliver possession. If Landlord is unable to deliver possession of the premises to Tenant for any reason not within Landlord's control, including, but not limited to, partial or complete destruction of the premises,Tenant will have the right to terminate this Agreement upon proper notice as required by law. In such event, Landlord's liability to Tenant will be limited to the return of all sums previously paid by Tenant to Landlord. 19. Smoking No smoking on the premises. 20. Disclosures (initial)Tenant acknowledges that Landlord has made the following disclosures regarding the premises: Disclosure of Information on Lead-Based Paint and/or Hazards 21. Validity of Each Part If any portion of this Agreement is held to be invalid, its invalidity will not affect the validity or enforceability of any other provision of this Agreement. 22. Grounds for Termination of Tenancy The failure of Tenant or Tenant's guests or invitees to comply with any term of this Agreement,or the misrepresentation of any material fact on Tenant's rental application, is grounds for termination of the tenancy, with appropriate notice to tenants and procedures as required by law. 23. Security. Tenant acknowledges that Landlord has made no representation that the property is a "secure" complex, and that Tenant is safe from theft, injury or damage. Gates,fences and locks are provided primarily for the protection of Landlord's property and are not a warranty of protection nor are they specifically provided for the protection of Tenant or guest's person or property. Tenant shall take appropriate measures to protect their own property including procuring Renter's Insurance,and report to the Police any suspicious activities, persons or events occurring on or about the general premises. 24. Liability/Damage Responsibility. Tenant agrees to hold Landlord harmless from all claims of loss or damage to property, and of injury or death to persons caused by the intentional acts or negligence of the Resident, his guest or invitees, or occurring on the premises rented for Tenant's exclusive use.Tenant expressly absolves Landlord from any and all liability for any loss or damage to Resident's property or effects arising out of water leakage or breaking pipes, or theft, or other cause beyond the reasonable control of Landlord.This includes damage to Resident's or guest's vehicles while parked on the property. In the event the premises are damaged by fire or other casualty, Landlord shall have the option either to (1) repair such damage,this Agreement continuing in full force and effect, or (2)give notice to Resident terminating this agreement. Landlord shall not be required to repair or replace any property brought onto the premises by Tenant.Tenant agrees to accept financial responsibility for any damage to the premises from fire, water or casualty caused by Resident's negligence. Resident is encouraged to carry a standard renter's policy or as an alternative, warrants that they will be financially responsible for losses not covered by Landlord's fire and extended coverage insurance policy. In no event shall Resident be entitled to any compensation or damage due to any extra expense, annoyance or inconvenience for loss of use due to a casualty beyond the control of the Landlord. With the installation of the electric car charging unit, if the electricity bill exceeds$200 in anv given month,the tenant will be responsible for the excess amount. 25. Care and Maintenance. Tenant agrees to keep the premises clean, in good order and repair, and free of trash, mold, mildew and unsightly material and to immediately notify Landlord, in writing, of any defects from conditions in or about the premises, particularly any water penetration.Tenant shall reimburse Landlord for the cost to repair damage by Resident through misuse or neglect including but not limited to plumbing stoppages. Except as provided by law, no repairs, decorating or alterations shall be done by the Resident without the Owner's prior written consent, which may require that only a licensed and bonded contractor perform such work. 26. Garbage Garbage bins are located outside under the small overhang on top driveway. Please dispose of garbage in the large black can and recycling in the large blue bin. Garbage is picked up Thursday mornings, and recycling every other Thursday.The tenant shall bring the bins to the 27.Move out and Meaning Please leave the house broom clean(items removed)and leave keys on the kitchen counter, and the door to the kitchen.If house is left in the condition it was received in,the cleaning fee shall be waived.If not,cleaning is charged at$300. 28.Vehicles and Parking. Tenant is allowed to park no more than 1 vehicle in the driveway located on River Street and 3 vehicles in the driveway located on Bridge Street. 29. Entire Agreement This document constitutes the entire Agreement between the parties,and no promises or representations,other than those contained here and those implied by law, have been made by Landlord or Tenant.Any modifications to this Agreement must be in writing signed by Landlord and Tenant.Each and every term,covenant and agreement herein contained shall be deemed a condition hereof.No oral agreements have been entered into,and this Agreement shall not be modified unless such modification is reduced to writing.The terms of a periodic tenancy may be modified by the Owner by the service of a 10 day written notice.Waiver of any breach of any term or condition of this Agreement shall not constitute a waiver of subsequent breaches.The invalidity or partial invalidity of any provision of this Agreement shall not render the remainder of the Agreement invalid or unenforceable.Time is of the essence in this Agreement and each provision herein contained.Words used in the singular shall include the plural,and vice versa,where the context requires.The breach of any of the covenants orterms of this Agreement shall be deemed to be a material and total breach of this entire Agreement and shall give rise to all rights of termination.This Agreement shall be binding upon and shall inure to the benefit of the heirs,administrators, successors and assigns of all the parties hereto,and all of the parties hereto shall be jointly and severally liable hereunder.Any and all monetary obligations pursuant to this contract, including but not limited to the reasonable cost of conducting a pre-move out inspection, shall be deemed rent or additional rent. By signing this agreement the parties hereto indicate that they have read and understand this entire agreement and agree to all of the terms,covenants and conditions stated herein. Resident acknowledges receipt of a copy of this agreement with all addenda. Date:1 13 2024 Landlord.Michelle Stathers Snow Signature: Address.420 Essex Street Beverly,MA 01915 Dater I CLA Tenant: r� Signature. Current Address: 43 auburn St Lowell, MA 0185 Tenant Certification Form Required Federal lead Warning Statement Housing built before 1978 may contain lead-based paint.Lead from paint,paint chips,and dust can pose health hazards if not managed properly_Lead exposure is especially harmful to young children and pregnant women. Before renting pre 1978 housing,lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling.Lessees must also receive a federally approved pamphlet on lead poisoning prevention.The Massachusetts Tenant Lead Law Notification and Certification Form is for compliance with state and federal lead notification requirements. Owner's Disclosure (a)Presence of lead-based paint and/or lead-based paint hazards(check(i)or(€i)below): (€Known_4ead-based paint and/or lead based paint hazards are present in the housing(explain). €€Owner/lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. (b)Records and reports available to the owner/lessor(Check(€)or(ii)below): (jOwner/Lessor has provided the tenant with all available records and reports pertaining to lead—based paint and/or lead-based paint hazards in the housing(circle documents below).. Lead Inspection Report;Risk Assessment Report;Letter of Interim Control;Letter of Compliance ii x Owner/Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Tenant's Acknowledgment(initial) (c)Tenant.has received copies of all documents circled above. (d)Tenant-has received no documents listed above. (e)Tenant has received the Massachusetts Tenant Lead Law Notification. Agent's Acknowledgment(initial) (f)Agent has informed the owner/lesSorof the owner's/€e.ssor'sobiigations under federal and state law forlead--based paint disclosure and notification and is aware of his/her responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify;to the best of their knowledge,that the information they have provided is true and accurate. 1/13/202� r �' "wner essof Udle VWoVT1 LeKS_0_r`V_aTe from. . YJ 2Tenant D Tenant Date N/A Agent Date Agent Date Owner/Managing Agent Information for Tenant(Please Print):N/A Name Street Apt. City/Town Zip Telephone I (owner/managing agent) certify that I provided the Tenant Lead Law Notification/Tenant Certification Form and any existing Lead Law documents to the tenant, but the tenant refused to sign this certification. The tenant gave the following reason: The Massachusetts Lead Law prohibits rental discrimination, including refusing to rent to families with children or evicting families with children because of lead paint. Contact the Childhood Lead Poisoning Prevention Program for information on the availability of this form in other languages. Tenant and owner must each keep a completed and signed copy of this form. CLPPP95-17 Rev.8/09 RECEIPT FOR SECURITY DEPOSIT [attach copy to rental agreement] Funds totaling$500 were received from the tenant on the date identified below- Tenant: Tonimarie Bryan Address: 43 Auburn St Lowell, MA 01852 The funds are for rental of the property at: 16 River Street Salem, MA 01970 and are to be applied by the Landlord, Michelle Stathers Snow, as follows: First Month's Rent(due 1/23/2024): $ 929.03 *Per Tonimarie's request, due 1/29/2024,this signed Last Month's Rent: $0.00 document does not confirm receipt of first month's rent,just the$500 deposit Security Deposit(to be applied to last month's rent): $ 500 Purchase And Installation Cost For Lock And Key$ 0.00 Fee To Rental Agent $ 0.00 Name Of Person Receiving Payment: Michelle Stathers Snow Date: 1/23/2024 Signature of Person Receiving Deposit NOTICE TO TENANT Security Deposit. If a security deposit has been received,the Landlord is required to hold the security deposit in a separate interest-bearing escrow account and give the tenant a receipt, identifying the bank and account number. The Landlord is also required to provide the Tenant with a Statement Of Condition of the rental property at the time of receipt of the security deposit or within ten days after commencement of the tenancy, whichever is later. The Tenant has the right to review the Statement Of Condition and indicate agreement or disagreement. If the security deposit is held for more than one year, the Landlord must pay interest each year to the Tenant. Upon termination, the Tenant should provide Landlord with a forwarding address. Within thirty days after termination the Landlord must return the security deposit with interest. less lawful deductions which include unpaid rent. If the owner deducts for damage to the premises, the Landlord shall provide the Tenant with an itemized list with written evidence of actual or estimated repair costs. No amount shall be deducted for damage listed in the Statement of Condition. Upon transfer of the premises, the Landlord shall transfer the security deposit with accrued interest to the new owner. 1 25 � - - - - PET AGREEMENT(ADDENDUM TO THE RENTAL AGREEMENT) Date: 1/14/2024 This agreement is attached to and forms apart of the Rental Agreement dated 1/13/2024 between Michelle Snow Owner,and Toni Marie Bryan Tenant. Tenant's desire to keep pet(s)named UCtOber,Zagan, Willow and described as Ogs,cat, lizards in the dwelling they occupy under the Rental Agreement referred to above. Because this agreement specifically prohibits keeping pets without the Owners'permission,Tenants agree to the following terms and conditions in exchange for their permission: 1) Tenants agree to keep their pets under control at all times. 2) If damage occurs as a result of the pet(s),reimbursement for the repair will be required. 3) Tenants agree to keep their pets restrained,but not tethered,when it is outside their dwelling. 4) Tenants agree to adhere to local ordinances,including leash and licensing requirements. 5) Tenants agree not to leave their pets unattended for any unreasonable periods. 6) Tenants agree to clean up after their pets and to dispose of their pet's waste properly and quickly. 7) Tenants agree not to leave food orwater for their pets or any other animal outside their dwelling where it may attract other animals. 8) Tenants agree to keep their pets from being unnecessarily noisy or aggressive and causing any annoyance or discomfort to others and will remedy immediately any complaints made through the Owners or Manager. 9) Tenants agree to provide their pets with regular health care,to include inoculations as recommended. 10)Tenants agree to provide their pets with an identification tag. 11)Tenants agree to re-home their pets offspring within eight weeks of birth. 12)Tenants agree to pay immediately for any damage,loss,or expense caused by their pet. 13)Tenants agree that this Agreement applies only to the specific pets described above and that no other pets may be substituted. 14)Tenants agree to furnish the Owners with a picture of their pets. 15)Tenants agree that the Owners reserve the right to revoke permission to keep the pets should the Tenants break this agreement. Owner Michelle Snow Tenant Toni Marie Bryan Owner signature/date __1/14/2024 Tenant signature/date all sums previously paid by Tenant to Landlord. 19. Smoking No smoking on the premises. 20. Di ures itial}Tenant acknowledges that Landlord has made the following disclosures regarding the premises: Disclosure of Information on Lead-Based Paint and/or Hazards 21. Validity of Each Part If any portion of this Agreement is held to be invalid,its invalidity will not affect the validity or enforceability of any othr'r provision of this Agreement. 22. Grounds for Termination of Tenancy The failure of Tenant or Tenant's guests or invitees to comply with any term of this uccup • Occupancy dates: Resident#1: Toni Marie BryanDriver's License: S73486920_ Phone( ) 97865434�J _ Email: F�re,�'it.�swlt�'llfl �Mail.00m- Resident#2: Driver's License: Phone( ) Email: Permanent or current address 43 auburn st Lowell, ma 01852 Current Landlord contact information: Eta Silva.978985501 1 Current or Last Employment: Uber,PVMC animal hospital Oates: Reference Contact Name#1: Judy Dionne 9784131141 Phone: Reference Contact Name#2: Jordan Fontair 9788706850 Phone:._ Jordan Fontair 9788706850 Emergency Contact#1: Phone: LAW OFFICES C"ANN& CALLAHAN A Professional Association 328 BROADWAY—SUITES 211-213 LYNN,MASSACRUSETTS 01904 tel.fax.(599-36 49 RICHARD L.CAMANN February 27, 2024 tel.rax7sl)598- o600 RICHARD M.CALLAHAN (direct e-mail.,richcamann@a verizon.net) info@camannandcailahan.com Ms. Toni Marie Bryan and All other Occupants 16 River Street Salem,Massachusetts 01970 NOTICE TO QUIT Dear Ms. Bryan and All other Occupants: It being my intention to terminate your tenancy,you are hereby notified to quit,vacate and deliver up, at the expiration of fourteen(14) days from receipt of this notice, the premises now held by you as my tenant,namely: The single family home at the premises known and numbered as 16 River Street, Salem, Massachusetts, consisting of five (5)rooms, plus two (2)baths,patio, sunroom, basement and all appurtenances thereto. HEREOF FAIL NOT, or I shall go to court to seek permission to evict you from same. This is not a judicial document.By law, a court is the final authority in every eviction and if you believe that you are legally entitled to remain at said premises, you or your lawyer may present your case in court. Except as otherwise set forth herein or required by law,all payments received after the date of this notice are accepted for use and occupancy only and shall not constitute a waiver of this notice(no matter how your receipts are marked)and all rights hereunder are expressly reserved. Grounds on which this eviction is sought: NON-PAYMENT OF RENT You are presently in arrears in rent in the amount of Three Thousand Six Hundred Forty-Four and NO/100 ($3,644.00)Dollars. If you have not received a Notice to Quit for non-payment of rent within the last twelve (12) months,you have a right to prevent termination of your tenancy for non-payment of rent by paying to your landlord,your landlord's attorney or the person to whom you customarily pay your rent,the full amount of the rent due, within ten(10) days of your receipt of this notice. MICHELLE STATHERS SNOW meys, RLC:pc , RICHARD L. CAMANN CAMANN&CALLAHAN "Each Attorney in this office is an independent practitioner who is not responsible for the practice or liability of any other Attorney in this office." Form to AccompanyRaddendal Notice to Qrdt September 27,2Q23 FORM TO ACCOMPANY RESIDENTIAL NOTICE TO MIT Pursuant to section 31 of chapter 186 of the General Laws, a notice to quit for nonpayment of rent given by a landlord to a residential tenant pursuant to section 11 or section 12 of chapter 186 of the General Laws must be accompanied by this form. Instructions for completing this form can be found here: htti,s://www.ma�s.anv/info-details/notice-to-quit-accomaanyina-form. Name(s)of landlord(s): ,G a&---M ("Landlord") Name(s)of tenant(s): 4Y/ �*1Cc ("Tenant") Address where the tenant lives:�� y `s �� Q ("Unit") THIS NOTICE TO QUIT IS NOT AN EVICTION. YOU DO NOT NEED TO IMMEDIATELY LEAVE YOUR UNIT. YOU ARE ENTITLED TO A LEGAL PROCESS IN WHICH YOU CAN DEFEND AGAINST THE EVICTION. ONLY A COURT ORDER CAN FORCE YOU TO LEAVE YOUR UNIT. Existing Agreements with Tenant There(check one)are❑are not existing written or verbal agreements bettyty een the Tenant and Landlord related to the repayment of overdue rent. A copy of any existing written agreement(s) must be attached to this form. If there is a verbal agreement,check this box❑. Information Regarding Rental Assistance Programs If you are having trouble paying your rent,there is help available.Residential Assistance for Families in Transition Program(RAFT)is a program offered by the Executive Office of Housing and Livable Communities(EOHLC). RAFT helps keep households in stable housing situations when facing eviction, foreclosure,loss of utilities,and other housing emergencies caused by loss of income, increase in expenses, or both. RAFT helps all kinds of households by providing up to$7,000 per household to help preserve current housing or move to new housing. Find more information here-https•//www mass gov/service-detailsire-sidential-assistance-for- families-in-transition-raft-program You may apply for RAFT via EOHLC's Central Application portal located here— www.mass.gov/housingheln A good way to learn more about available resources is to call 2.11 or visit EOHLC's web page at https•Uhedfuel.azurewcbsites.net/raa.asi)x to be referred to your local Housing Consumer Education Center.You can also learn more at httiis•//www.mass.gov/C aides/facing-eviction-we- can—help Page 1 of 11 Fonn to Accompany&Odential Notice to Qadt September 27,2023 Trial Court Rules Standing Orders or Emergency Administrative Orders Pertaining to Actions for Summary Process The Massachusetts trial court rules on summary process cases can be found here: https://www mass 2ov/trial court-rules/trial-court-rule-i-uniform-summary-process-nudes The Massachusetts trial courts have issued the following standing orders that affect how eviction cases are filed and processed: • Interim Housing Court Standing;Order 1-23: Continuation of temporary modifications to court operations (EI ectiveJune S, 2023) • _Massachusetts District Court Fourth Amended Standing Order 10-20: Court operations for the adjudication of summary process cases(EflectiveAme 20,2023) • Boston Municipal Court Standing Order 1-23• Continuation of temporary modifications for summary process cases (ElTectiveJune 20, 2023) Federal Restrictions on Residential Evictions If you live in a building with five or more units,or if you receive a HUD tenant-based voucher, you may have more federal protections. If your property is a"covered dwelling"under section 4024(a)(1)of the federal Coronavirus Aid,Relief,and Economic Security Act,P.L. 116-136(the "CARES Act"),then your Landlord may be required to give you written notice at least 30 days before filing an eviction claim. Additional information on potentially applicable federal eviction restrictions can be found on the website of the Consumer Financial Protection Bureau: h s://Avww.consuinerfinaiice.gov/coronavirus/niort paQe-and-hotisine-assistance/reuter- proteetionslfederally-subsidized/ Page 2 of 11 �1 form to AccaompanyResidential Notice to Quit September 27,2023 ESTE AVISO DE DESALOJO NO ES UN DESALOJO. NO ES NECESARIO QUE ABANDONE INMEDIATAMENTE SU VIVIENDA. TIENE DERECHO A UN PROCESO LEGAL EN EL QUE PUEDA DEFENDERSE CONTRA EL DESALOJO. SOLO UNA ORDEN JUDICIAL PUEDE OBLIGARLO A ABANDONAR SU VIVIENDA. Informacibn con respecto a los Programas de Asistencia Para el Alauiler Si tiene problemas para pagar el alquiler,hay ayuda disponible. El Programa de Asisteneia Residential pare Familias en Transition(RAFT)es un programa ofrecido por la Oficina Ejecutiva de Vivienda y Comunidades Habitables(EOHLC).RAFT ayuda a mantener los hogares en situations de vivienda estable cuando se enfrentan a desalojo, ejecucion hipotecaria, perdida de servicios piiblicos,y otras emergencias de vivienda causadas por la p6rdida de ingresos, aumento de los gastos, o ambos.RAFT ayuda a todo tipo de hogares proporcionando hasta$7,000 por hogar para ayudar a conservar la vivienda actual o mudarse a una nueva vivienda. Encuentre mas information aqui: https•/hvww mass gov/service-details/residential- assistance-for-fami lies-in-transition-raft-pro gram Puede solicitar RAFT a traves del portal de Solicitud Central de EOHLC que se encuentra aqui: www.mass.govlhousinghelp Una buena manera de conocer mas sobre los recursos disponibles es llamar al 211 o visitar la pagina web de EOHLC en https://hedfuel.azurewebsites.net/raa.aspx para que to deriven al Centro de Education del Consumidor de Viviendas de su localidad. Tambien puede conocer mas en h!!ps://www.mass.)zov/guides/facing-eviction-we-can-help Rep-las del Tribunal de Primera Instancia,ordenes permanentes u ordenes administrativas de emerzencia relativas a acciones de proceso sumario Las normas del tribunal de primera instancia de Massachusetts sobre casos de proceso sumario pueden consultarse aqui: https•//www mass gov/trial-court-rules/trial-court-rule-i-unifoim-summary-process-rules Los tribunales de primers instancia de Massachusetts han dictado las siguientes ordenes permanentes que afectan al modo en que se presentan y tramitan los casos de desalojo: • Orden permanente provisional 1-23 del Tribunal de la Vivienda: Continuacion de las modificaciones temporales del funcionamiento del tribunal (En vigor desde el 5 de junio de 2023) • Cuarta Orden Permanente Enmendada del Tribunal de Distrito de Massachusetts 10- 20. Operaciones iudiciales Para la adjudieaciQn de casos de proceso sumario (En vigor a partir del 20 de junio de 2023) • Orden permanents 1-23 del Tribunal Municipal de Boston: Continuacion de modificaciones temporales Para casos de proceso sumario (En vigor a partir del 20 de junio de 2023) Page 3 of 11 N Form to Accompany ReridentialNotice to Quit September 27,2023 Restricciones federales a los desaloios residenciales Si vive en un edificio con cinco o mas unidades, o si recibe un cup6n del HUD basado en el inquilino,puede tener mas protecciones federales. Si su propiedad es una "vivienda cubierta" en virtud de la secci6n 4024(a)(1) de la Ley federal de Ayuda, Socorro y Seguridad Econ6mica contra el Coronavirus,Ley Publica 116-136(la"Ley CARES"), es posible que su arrendador est6 obligado a notificarselo por escrito al menos 30 dias antes de presentar una demanda de desalojo. En el sitio web de la Oficina de Protecci6n Financiera del Consumidor encontrard mas informaci6n sobre las restricciones federales al desalojo que puedan ser de aplicaci6n: littps•//www coiisumcifinance Lov/coi-onavirus!mortgap,e-and-housing-assistance/renter- 1,rotections/federa ll v-subsidized/ Page 4 of 11 Housin Cou De artme t For Cow'Use Only: U1Vts,Vu x•�=� ...d. ' DocKetivo: Address:2 Appleton St.,2nd Fl,Lawrence,MA 01840 Telephone Number:978-689-7833 Hours of Operations:Monday-Friday 8:30 AM to 4:30 PM Commonwealth of Massachusetts SUMMARY PROCESS(EVICTION)SUMMONS AND COMPLAINT �__--- t ; }t T T: t"t('E f3F:4 Cf1I'1t; f_.�?:`iE T() E,VIC'T y()I - TIL ASE RE. b 11 CARF'Fl?I 11 F $� ►w_ f) �t):�TIFICAC IO.V I ! . c t�t I C'�F �.r� SPI lO . WR DE LEER a �11 ether occuvants TO:DEFENDANT(S)MNANT(S)/OCCUPANT(S):- Toni Marie Bryan Sal ZIP, 01970 ADDRESS: 16 River Street CITY/TOWN: Salem _— EMAIL: forestswithin@g�il-cam TELEPHONE: 978-654-3498 THE COURT WIIaL SEND YOU A NOTICE OF THE DATE,TIME,AND MANNER OF YOUR COURT EVENT- You are hereby summonsed to appear at a hearing before a Judge of the Court to defend against the complaint of PLAINTIFF/LANDLORD/LESSOR/OWNER: Michelle Stathers Snow of STREET: 420 Essex Street CITY/TOWN: Beverly ZIP:01915 that you occupy the premises at 16 River Street, Salem, Massachusetts being within the judicial district of this Court,unlawfully and against the right of said Plaintiff/Landlord/Owner because: you have failed to pay the rent when due and your tenancy has been terminated by a valid Notice. to Quit and further,that$ 6.844.00 rent is owed according to the following account: ACCOUNT ANNEXED(itemize) January 23, 2024 — $ 444.00 Richard L. Camann, Esq. �"I-I LLllt+ February 9, 2024 — $ 3,000.00 f PlaW or A omey - i March 9, 2024L. — $ 3,000.00 :gnature of Plaintiff or Attorney Camas` & Callahan, 328 Broadway — TOTAL $ 6.844.00 Suite213, Lynn, MA 01904 Address of Plaintiff or Attorney l�fl�"I '1'QE liw�.CITI11Eb�Nl��� ��' _ do noa anw�xse richcamann@verizon.net � t,� ix fps Email of Plaintiff or Attorney k�F %ec��efentitete � t 781-599-3649 070800 Telephone Number BBO# FOR INFORMATION ABOUT EMERGENCY RENTAL AND MORTGAGE ASSISTANCE: Please visit: www.mass.goy1CovidHousinpHelp or call 211 for assistance. To the Sheriff of our several counties, or their Deputies, or any constable of any City or Town within said Commonwealth, Greetings: We command you to summon the within named defendant(s)/tenant(s)/occupant(s) to appear as herein ordered. WITNESS: w .. /s/ Service by: March 18, 2024- g c • Entry Date by: March 25,202* /s/ Trial Date: To Be Determined by the Court Last Updated 10AM20 Page 1 of 2 k 5 ,w 5 �, 1,. .+. _y,Rg.pr'��„�S,• x �nRTANT NOTICE Tn ALL PARTIES If you need a free interpreter or reasonable accommodations,please call the c;ourt'so lather Office-cs For information about the Lawyer for the Day Program,Tenancy preservation Program may help both parties with their case,please go to: . httns //www mass.Qoylt;u�des/housine-court-resEa rces RT NOT E TO P O SS R/ R•Have the Officer complete and retain the not earlier than the eth y below return notice.Service must be made on each de da fcndant(s)not later than close ofbnih dusinay esson the scheduled Monday entry before the Monday entry date.Thus form must be filed in Court no later p of this Complaint. date.In appropriate cases,proper evidence of notice to quit must be provided to this Court upon the filing P A P.O.box win not be accepted as an address for the Plaintiff Officer's Return Date: ss City/Town: By v n n irtue of this Writ,I thus day served the within-named each defendant/tenantloccupaut,and summonsed'him/her as herein directed,by giving in hand to or leaving it at the last and usual place of abode at A copy of this summons was mailed first class to each defendantttenant/occupant at the address on: Fees for Service Signature of Officer Service $ Copy/Attest $ Printed Name of Officer Travel $ Use of Car. $ Mailing $ Address of Officer TOTAL $ Telephone Number of Officer LW � c �r OW plead �[d �a � aSlaw mcmr T -✓ Vi 21,a 0� Prime y 'was :yo s - Ks y`ou al be t �pl As €erWOW _ ate'' " .z s ;le tlr� Pla 13 RR�li�nGQ c x 4 r &Q�ma c E o1 fie�e � ttl Cas et tt l�' �ancdehT e�zpy e Ellx �fi plas atg1Ee aeltlessm s Tli nrrEs netz abet `e ls �trdertha It t z bych the. ee must b receidt ly t3ie Ctm ' ei'k�S Offs and `eenPi%t ? a Pla �� s :L .Page 2 of 2 COMMONWEALTH OF MASSACFIUSMS HOUSING COURT DEPAWMENT Northeast DNISION 121YISP-1 Q D/ //C- t1 /L� tCN '*-7� PWn#1ty' landlord Defendant/Tenant SUMMARY PROCESS AP�REEMEN-L FOR JUDGMENT THE UNDERSfOWED PARTIES HEREMY AGREE TO THE FOLLOWfNG FACTS AND TO ENTRY OF THE FOLLOWING JUDGMXX `AS A RESOLUnOII OF THEIR CASE: 18? Tf� r agreed upon rent for the unit ig� a49.0o z month. I *<Thc tenant ckutn; &tin can rav,rent for the period through u/ 30, 2C " _A*&Ad .?AA/ ^ ,O J I a'i The rent owed is reduced by*/-6 •�_ lca�vng an amount owed of$ (Judgment for possession and for 0 is to enter for: LYthe landlord ❑the tenant on_ __ - '�Zy I I The Landlord shall make the following repairs to the premises according to the following - schedule Wool ( ,l The parties furtl►er agree as (allows �Y yk av Dr �I s mcts� "iyl Xe s &X eta,-{iris s•�ii'� "�4 j'�a st.� / i *I ,rparty 3dlcges thrat.the other party ha+failed to comply with the terms and conditions of thas ,kgrc,cment. she/he may mark a hearing for enforcement of the Agreement or for issuance of execution upon three 131 business days,writtr.n.notice tri the other party and;pled with the.court. The three(3)day period begins when the uthct side receives notice. Unless otherwise agreed,notice is to be dellvered rather than mailed. 1 1 The tenant gees to vacate on ,Zd Landlord may request in writing an execution to issue thereafter. p i if the tenant complies with these conditions,the case will be dismissed on____ and the tenancy will be reinstated on that date. j The parties shall appear in court on at o'clock:for on compliance with this Agreement. ONCE APPROVED BY THE JUDGE,THIS AGREEMENT BECOMES A COURT ORDER AND BOTH PARTIES ARE LEGALLY REQUIRED TO FOLLOW IT. If gnesf3osss wise, please consult the Housing Specialist. I UNDERSTAND THAT I HAVE THE RIGHT TO A HEARING ON MY CASE BEFORE A JUDGE, BUT INSTEAD,I CHOOSE TO SIGN THIS AGREEMENT. .'`Aek� ZF2-7 gl and dated by Landl d: jSied and at d by Tenant: laintift's Attorney: Defendant's Attorney: 1 i LI JUDGE: ing Sp ialist: Copies(given (mailed)to the parties on _ 7 �� Judgment of Summary Process Docket Number Commonwealth of Massachusetts For Plaintiff 24H77SP001577 Housing Court Department RE: Michelle S Snow vs. Toni M Bryan Plaintiffs)who are parties to this Judgment: Northeast Housing Court Michelle Stathers Snow Fenton Judicial Center 2 Appleton Street Lawrence,MA 01840 (978)689-7833 Defendant(s)who are parties to this Judgment: Premises Address: Toni Marie Bryan 16 River Street Salem,MA 01970 After coming before the court,the issues having been duly tried or heard,and a finding or verdict having been duly rendered,IT IS ORDERED AND ADJUDGED by the court (Sullivan,J.)that the Plaintiff(s)named above recover of the Defendant(s)named above Judgment in summary process for possession of the premises listed above and money damages as follows: Date of Breach,Demand or Complaint 03/22/2024 Date Judgment Entered 06/10/2024 Pre Judgment Interest as provided by law from 03/22/2024 to $.00 Damages $0.00 Double or Treble Damages Awarded by Court $0.00 Filing Fee&Surcharge $0.00 Other Costs Awarded by Court $0.00 Other Costs $0.00 Court Ordered Attorney Fees $0.00 Judgment Total Payable to Plaintiff(s) $0.00 Further orders of the court: Judgment enters per the signed Agreement for Judgment dated(6/7/24) Entered and notice sent on June 10, 2024. /s/Thomas Trilla Clerk-Magistrate COMMONWEALTH OF MASSACHUSETTS TRIAL COURT ESSEX, SS NORTHEAST HOUSING COURT DOCKET NO.: 241-177SP-001577 MICHELLE STATHERS SNOW, PLAINTIFF * PLAINTIFF'S REOUEST FOR VS. * ISSUANCE OF EXECUTION TONI MARIE BRYAN, DEFENDANT The time for appeal having expired and the Defendant having failed to vacate the premises on or before June 30, 2024 in accordance with the Summary Process Agreement for Judgment dated June 7, 2024, the Plaintiff in the above referenced matter hereby requests issuance of Execution pursuant to Rule 13 of the Uniform Summary Process Rules. DATED: July 1, 2024 iCHARD L. CAMANN,ESQ. / ATTORNEY FOR PLAINTIFF CAMANN & CALLAHAN 328 BROADWAY - SUITE 213 LYNN, MA 01904 781-599-3649 richcamann@verizon.net BBO# 070800 DOCKET NUMBER Trial Court of Massachusetts EXECUTION FOR POSSESSION 241-177SP001577 Housing Court Department CASE NAME Michelle S Snow vs. Toni M Bryan DEFENDANT(S)AGAINST WHOM EXECUTION IS ISSUED COURT NAME&ADDRESS Bryan, Toni Marie Northeast Housing Court Fenton Judicial Center 2 Appleton Street Lawrence,MA 01840 PLAINTIFF(S)(PLAINTIFF ATTORNEY)WHO MUST ARRANGE SERVICE OF EXECUTION PLAINTIFF(S)IN WHOSE FAVOR EXECUTION IS ISSUED Snow, Michelle Stathers Richard L Camann,Esq. Camann and Callahan 328 Broadway Suite 213 Lynn, MA 01904 PREMISES ADDRESS: FURTHER ORDERS OF THE COURT: 16 River Street Salem MA 01970 TO THE SHERIFFS OF THE SEVERAL COUNTIES OR THEIR DEPUTIES,OR ANY CONSTABLE OF ANY CITY OR TOWN WITHIN THE COMMONWEALTH: The Plaintiff(s) named above has/have recovered judgment against the Defendant(s)named above for possession of the subject premises shown above,which were leased or rented for dwelling purposes. WE COMMAND YOU,therefore,to deliver said premises to the Plaintiff(s) in accordance with the requirements of G.L. c.235 §23 and G.L. c. 239, §3,to cause the Plaintiff(s)to have possession of the premises shown above without delay. This Writ of Execution is valid until 10/16/2024 for possession only.This form must be retumed to the Clerk-Magistrate's office of this court, along with your return of service,within ten days after this judgment for possession has been satisfied or discharged, or after 10/16/2024 if this judgment remains unsatisfied or undischarged. TESTE OF FIRST JUSTICE DATE EXECUTION ISSUED CLERK MAGISTRATE/ASS CLERK WITNESS: Hon.Gustavo A Del Puerto 07/18/2024 X RETURN OF SERVICE ❑ Pursuant to this writ, I have caused the plaintiff(s)to have possession of the subject premises. ❑ After notice the defendant(s)vacated the subject premises voluntarily. ❑ I have physically removed the defendant(s) and his/her/their personal possessions from the subject premises. ❑ I have not caused the plaintiff(s)to recover possession of these premises pursuant to this writ because: DATE&TIME WRIT SERVED DATE OF RETURN I CONSTABLE/DEPUTY SHERIFF `X Date/Time Printed:07-18-2024 11:05:16 HC052: 05/2019 Airbnb Support Aug 5 We amlyze messages for safety,support,product enhancement,or other purposes.Learn mere Airbnb Support 11-49 AM Hi Michelle, This is Dianne,one of the Support Ambassadors from Airbnb. I am the one whom you have spoken to over the phone earlier,and I just want to provide a brief description of what we have discussed earlier.I'm really sorry to hear that your property is not yet fully fixed as your previous Guest damaged your property.I understand that you wanted to cancel the reservation from Aug 15,2024 to Nov 07,2024. Just to set your expectation this will be a subject for approval because initially you already provided a timeline that property will be impacted. I totally understand your situation as a previous Host myself.Nothing to worry since you have me I will personally take ownership of your concern. May we ask for a documentation in a form of video the current situation of your property?I'll email you that you have the means to attach your video. © Looking forward to hearing from you,Michelle. Airbnb Support Airbnb Support 1.43 PM I am happy to let you known that we are approved with no consequences. This reservations'cancellation will be penalty-free.Thank you for your request to cancel your reservation from Aug 15,2024-Nov 07,2024: HM559EPBCB HMCYZMSPPF HMYDMSKZB4 HM3HXQ445Z HMF5SKRANB HM33JHPSFR HM452RSCND HMHMEW9DHF HMKSC32XP9 HMZT2MKNMP HMMEAP2TWZ HMTBAZNWD5 HMQ2QNRTNY HMBZZKJRA8 HMMT3ZFCCW HMDZRWSXWM HMHTNBXP5E HMC89KQ2C9 Please confirm the detali sabove,so I can startthe cancellation.Looking forward to hearing from you soon.Thanks! Thank you so much for accepting my call.My apologies if you need more time to verify the details above.Nothing to worry I'll wait for your © confirmation,Michelle no rush.Thanks! Z117 PM Hi Diane,I confirmed the reservations you listed and agree with the list for - •ns.We can move forward canceling them and when I see Thank those come through I'll message each of them. Michelle Airbnb Support 2Z1 PM Thank you so much for confirming.I'll keep you posted in this thread © once the cancellations are done. 250 PM help.I believe they all have been canceled now.Thank you so much for your I have messaged every person and hope theyable to find anotherplace to rent Airbnb Support 3-M PM I would just like to give you an update that I successfully canceled the reservations and manually blocked the dates linked to each reservation to avoid unnecessary booking.I assure you that your Guests will be notified about the said cancellation. You-can also send them a message about the issue. and they are fully refunded. In addition,you can also advise them that just in case they need a re-booking assistance they can reach us back anytime we are available 24/7. Airbnb support by email, chat., or phone at +1-415-800-595,9 (https,//www.airbnb�com/help article L542 I highly appreciate that you have so much care towards your Guest I can really feel that based on our conversation. I'm pleased to inform you that your case has been resolved. To finalize it, simply click on 'No,I'm done.' I hope you felt my sincerest intentions helping you on this matter. •'i Your i 0 Unlisted Ion or - I Histaric McIntire District September 2024 $675 $500 $500 $500 $675 $675 $675 $675 ;500 $500 $500 $675 $675 $675 s 46- 47- }& -19- -2+ -i+ I $675 $500 $500 $500 $500 $675 $675 -2- 3& -2+ -25- 36- -2�- -^& $500 $500 $500 $500 $500 $750 $850 -29- -30- $850 $850 n Todey Catendar Listings Inhox Menu.. October 2024 view 5s Mn T. we Th Fr Sa 4 -Z -a d & $850 $850 $850 $850 $850 $850 $850 $850 $850 $850 $850 $850 43- 4+ 45- 46- 47- 48. -19- $850 $850 $850 $850 $850 $850 $850 -48- -27- --2.1 -2-3- -24 -25- 36- $850 $850 $850 $850 $850 $650 $650 -3-7- -28- 34 30- 3i- $975 $975 $975 $975 $975 November 2024 4 $�-50 $650 $450 3» $45_ $450 $650 $650 $450 Tway C—dar Ustings two. Menu- II Welcome back,Michelle Your reservations n i reserve,ons:gj �CFr_i rr_:e fo11 Cn-rerv'y�os:ina'J; Prungs-0,1 Up.-9(6 P-cFcaeo'r. ;]; lC_7 You don't h-a anyguests checking out today or to,OROV/.