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Updated about 9 years ago on . Most recent reply

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67
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Alex T.
  • Investor
  • Newton, MA
18
Votes |
67
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Tenant damage and security deposits (MA)

Alex T.
  • Investor
  • Newton, MA
Posted

I just purchased a triplex in Chelsea (East Boston area). My plan now is to slowly update the units and improve the quality of the tenant base. 2 of the units are occupied, I'll be updating kitchen and bathroom in the vacant unit. Previous landlord did some lipstick on a pig updates that I'll need to do right, and previous tenant did some damage before moving out (and stole the fridge). As a result, the updates won't be cheap, and I want to make sure I protect myself from tenant damage in the future.

Problem is that Massachusetts has some of the worst security deposit laws in the country: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter186/Section15B. I don't expect tenant damage to be astronomical, but may need to update an occasional damaged/stolen wall/appliance/etc and clean the premises after the tenant. Could some of the seasoned MA landlords provide some guidance? Are the security deposit laws not as bad as they seem if I create a correct system? Could I collect last month's rent instead and use that to cover damage/repairs? Can I collect non-refundable move-in fee like other states do? Thanks

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Replied

Do a search under Massachusetts landlord rights and you will find that it is allowed and expected that landlords do routine inspections. Your interpretation of the code is incorrect in that it specifically states landlords may do routine inspections and the parts (i) (ii) and (iii) are in addition to the right to do routine inspections. Interpretation of law can be confusing.

You will  find that all state legislators expect landlords to do routine inspections not only to protect their significant investments but also to insure the living standards within rental properties are maintained.

Landlords that do not do routine inspections are not only irresponsible landlords they are irresponsible investors.

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