Massachusetts is one of the most consumer friendly States in the Country. There is no better illustration of this than in a rental transaction. As time goes on, some of the actual standards and State requirements get blurred and are replaced by “folk-lore” versions that become widely accepted as fact.
I want to address a couple of the more common myths that have been tossed around enough to become “assumed” fact.
First of all, how much notice must a landlord give a tenant before entering the unit? The most common answer is 24 hours. In reality, the landlord must only provide “reasonable notice” and enter at “reasonable times”.
Here is the explanation from the Landlords rights and responsibilities page on Mass.gov. (This should be a bookmarked page for renters and landlords)
The Right to Enter The Apartment
A landlord may generally enter the apartment at reasonable times and upon reasonable notice for these reasons:
- To show the apartment to prospective tenants, purchasers, lenders or their agents;
- To inspect the premises;
- To make repairs;
- To inspect within 30 days of the end of the tenancy to determine damages to be deducted from the security deposit;
- If the premises appear to be abandoned; or
- Pursuant to Court order
The other common misunderstanding is in relation to the last months rent and security deposit. Many consumers and landlords treat these as the same type of fees and thus don’t handle them properly. The biggest difference between the last months rent and the security deposit is the ownership of the funds.
The last months rent is a prepayment and while the landlord is responsible for giving a receipt and paying interest on the money through out the life of the tenancy, the money is his to do with what he wants.
The security deposit is money that still belongs to the tenant and must be handled in a very specific way by the landlord. Again I will give you the exact wording from the
Landlord rights and responsibilities page.
Security Deposit
A security deposit is money, paid by the tenant to you, and held in a separate interest-bearing escrow account to indemnify you against losses due to the tenant’s failure to pay rent, failure to pay appropriate tax escalators, or if the tenant damages the premises. Because this deposit belongs to the tenant until properly applied by you, you must:
- Hold the deposit in an interest-bearing Massachusetts bank separate from your own money;
- Give a receipt to the tenant within 30 days of taking the deposit, identifying the bank, address, account number, and the amount of the deposit held; and
- Pay 5 % interest or any lesser amount of interest actually received from the bank where the deposit is held, if the tenant resides on the premises for at least one year. Said payment is to be made on the anniversary date of the tenancy.
Payment of Interest on Security Deposit
On the anniversary date of the tenancy, you must send the tenant a statement of the interest owed with a check for the interest, or you must notify the tenant that s/he may deduct it from the next rental payment. If within 30 days of the anniversary date of the tenancy you have failed to pay the interest, the tenant may lawfully deduct it from the next rent payment. Upon termination of the tenancy, you must forward the interest due to the tenant within 30 days
There are many issues involved with a rental transaction that can be confusing and lead to friction between the landlord and tenant. Please contact us if you need any help locating the right answer.
Filed under: Uncategorized | Leave a Comment »