All Forum Posts by: Douglas Snook

What your asking is unclear as others have stated.

Your guarantor clause should have something in there that it is good for all renewals until the guarantor send a writing requesting they be removed. If it does not then you need to add it!

My experience in enforcing a guaranty clause (on a renewal) is that the court generally allows it on the first renewal. Three years or more from when the original lease is signed they are not as likely to enforce it.

If you are going to sign a new lease (rather then have the current one automatically renew) then I would have the guarantor sign again. If the current guarantor does not want to sign, tell them they need to find a new person or the lease will not be renewed and they will have to move when it is over.

@Kinnari Sanghavi

If you are in MASS you have some real issue going on. First there is moratorium on any evictions so if they do not leave and don't pay, you are stuck for the time being.

Why is the tenancy ending on the 12th? It should be first to first. 

If they do move you have 30 days to return the deposit and/or deduct damages, including unpaid rent. Do not give it to them before they move out.

Do they have another place to go? I find it unlikely that anyone is moving at this time.

Keep us posted. Feel free to contact me directly if you like. 

Marcus I am an attorney and title insurance agent in MA. Please feel free to contact me. I am located south of Boston.

Did you get her to sign a lease in her own name? have her fill out an application etc? Treat it like a new tenancy cause that's what it is.

I would move to evict for cause (violation of the lease terms). You might be able to get an injuction to get them to stop or they get thrown out.

If it is a two bedroom apartment are you looking for a family (adult and child)? Is it a one bedroom apartment? You need to provide some more info.

If it is a two bedroom why no room mates? What is a single person or a couple going to do with the extra bedroom? (I know they could use it as a home office or "study" but just saying in general)

If it is a single bedroom, what kind of "roommates" are they? If they are a couple of friends (or say two brothers) and one plans to sleep on the couch in the livingroom I think you can say no thanks.

Just some thoughts.

I would ask for proof that the security deposits are even being held by the seller. Most likely he has spent them and is not holding them as required under the law.

You may want to have have it set up that the "security deposits" are returned (yes you may have to pay them now out of pocket) and have the tenants sign off that they got everything back. The when you own it terminate all TAW and offer a new on AND require the security deposit again.

Just my two cents

You definietly want it in there somewhere that you get to review all tenant contracts/leases; rent rolls etc and can back out or renogotiate if you see smething you do not like.

I had a client recently buy a 4 plex and 2 of the apartments had three dedrooms and there were month to month leases with individuals in each bedroom (except one)! At least he had the names and something written for each one when we gave notice. One "tenant" was a sub tenant of another, we had a name but nothing written. The named tenant left when notified but it cost my client $1000 to get rid of the sub tenant (it was cash for keys)

If you are taking the position that you are terminating their lease and then entering into another one, then I would think you could ask for the increase in the security deposit amount. I would think if you are taking that position then you have to go through the trouble of returning the security deposit as required under the law and then collecting it again and opening a new account  and sending notice again etc etc as if it was a new move in.

Would I bother? Not after the first renewal, not for a few dollars. Maybe after a few years and the gap has grown. 

Just my two cents

@Martin White Just so you know, Mass does not really use title companies. Closings are conducted by an attorney. Usually that attorney would be an agent for a title insurance company (like First American). So if you want title insurance or to at least have the title reviewed, you need a real estate attorney