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I have a tennant that got behind on her rent. She  came up with a budget and  we agreed upon it plus her rent . Her son moved out and noticed some water damage . She has been paying the rent but not the back rent and has said nothing  I tried talking to her but she says she sick. Its in writing by herself what she will pay . Do I have anything to stand on legally . Can she withold that money in Massachusetts until it is repaired I think she does not have the money. She said that family will fix it but I am going to as soon as I GET THE BACK RENT

Well, I'm not an attorney, but here are my thoughts. First of all, you're talking about two separate issues: her back rent owed to you, and your obligation to maintain a safe and habitable rental dwelling.  Whether or not you're obligated to repair this water damage depends on the terms of your lease and the nature of the damage, but you can still file an eviction for the back rent owed. I believe, however, that once you start the eviction process, you can't collect anything less than the total amount owed, or else you have to start the eviction process over.
I have a tenant who has been behind on there rent for sometime 3500 00, I know they do not have a lot of money but they are trying, what would be a fair but not to overboard payment plan .They have been paying there rent for the last 6 months on time.
I am not sure how many months behind they have gotten for $3500. If it is more than one or two, I think I would be more agressive in my payment plan approach. I would not enter into any payment plan without it put in writing. Perhaps split the total to 4 months and add that amount to their regular monthly amount. I would make sure they knew that this is the last arrangement made and if it is not honored - eviction will be sought.
I like Helen's approach.. Split the 3500 into 4 payments or whatever and add it to the regular rent.
Is it rent or mortgage payment?
(1)Take them to court. (2) Refinance in your name only and charge them rent. (3) Sell the property….Assuming the loan is in both names, you are both fully responsible as far as the bank is concern. If full payment is not made to the bank, you are in default and could loose the property.  -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with Fed/State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Free Trial Download with data
Thank you.  
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