All Forum Posts by: Douglas Snook

@Steve Bracero is correct you can not charge an application fee in MA, just first, last, security deposit and key deposit (fixed at $25)

One further comment on the interest that is earned by the security deposit (it has to be in an interest bearing account in MA). It is payable to the tenant on the anniversary of the tenancy. So you must take it out of the account and send it to them, even if it is only 50 CENTS. The other choice is to have them deduct it from the rent and you take it from the bank. You can NOT just let it accumulate, even if the tenant says that to do that.

Also the security deposit must be returned within 30 days of the end of the tenancy along with a list of any damages that you are taking deductions for, if any.

I would press for a parental/older sibling co-signer if at all possible. I have a client who owns a lot of property near Boston colleges and he almost always get a parental co-signer or its a no go.

I would not rent out all units to students without a co-signer. Maybe one unit and see how it goes.

If you feel bad for the students, I can understand. Be absolutely sure that if there are going to be roommates the lease is drafted so that ALL jointly responsible and that they understand that.

Just my two cents.

First, do not feel guilty! This is a business, not charity. She's on a cruise and can't pay until she gets back? When was the last time you were on a cruise? If you were on a cruise and her heater broke, do you think she would wait until you came back to fix it?

Since this is your first eviction, I would most likely use an attorney. Go back to the attorney you spoke to and review everything with him as you set it out here and see what he thinks. If not him then find an attorney that concentrates in evictions. 

You may be stuck with the tenant until the lease is up. If so, so be it. Be sure to give the proper notices and not renew the lease in November.

If the tenant is MTM, do what you have to to end the tenancy now.

Good advice from Sean Sweeney above.

If there are current written leases you are stuck with them until they expire. If you decide to renew with them, have them do a new application and sign a new lease on your terms. Before to review the lease and know when it ends and how to give notice you will not renew.

Is the tenant with the dog under a written lease (even a month to month written lease?) If so what does it say about pets? If it is silent, then thats a good excuse to end his tenancy and offer him a new one that specifically says NO PETS and whatever you else you want (like NO SMOKING etc) so he understands what is expected.

Also review with the Seller if there are any deposits like last months rent and security. Last months needs to be credited to you or turned over. Security deposits are trickier. Many times Seller returns them before the sale (get written proof it was) and then you have collect them again as part of your new lease.

@Justin Dias

Don't know of anyway around sending the check unless you let them deduct it from the rent and you take it that way. I know several landlord who have dozens of uncashed interest checks to tenants and former tenants for years

@Evan Renaud

Welcome. I am next door in Bellingham if you ever want to meet for coffee or a lunch or dinner. Let me know.

Sorry to be so late to respond. Whether you are holding last months rent or not, you do not include it in your 14 day notice to quit. You would just add January and February. 

Where the last month's rent could come into play is at court. If she does not pay up and you file the eviction, the mediators at court will ask about it. If you had it it could be written into the agreement that you can take it and she gets a credit against what is owed.

It is good you have the information in writing that there was a prior agreement to use last months rent. The tenant will claim you are holding it.

I would be happy to discuss the matter with you. Please feel free to contact me.

What type of due diligence did you do before you signed on the dotted line? Lead paint is a BIG issue and should have been address prior to purchase.

Is it even a legal "tri-plex"? Better check with the town ASAP to be sure.

Sounds like the prior owner passed the buck to you!

Cash payments? I take it no leases then. Any security deposits or last months rent being held? Do you even know the correct names of the tenants?

Assume for the moment there are no children under 6 living there (so we will put aside lead paint issues for a moment)

I would send everyone notice that the tenancies are being terminated (a 30 day notice) No reason needs to be given.

Then if they are interested in staying they need to fill out an application and if they pass the application then sign a written lease at the new market rate.

You have several issues going on at once and will need a good landlord tenant attorney to guide you through the maze you entered.

Just some issues I see and my two cents worth.