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Updated over 7 years ago on . Most recent reply

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Dolores Waldron
  • Medford, MA
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Questions on 2 Family with two in law apartments ?

Dolores Waldron
  • Medford, MA
Posted

Good Afternoon BP Community,

We are looking at a two family that seems to also have two studio in law apartments - are there any issues or legalities we should look out for with this type of investment, the plan would be to rent out all units, we would not be residing in it.  I'm not sure if one has to be residing in it to be able to rent out the in-law units.  Any advice appreciated. 

Most Popular Reply

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Jonathan R McLaughlin
  • Rental Property Investor
  • Boston, Massachusetts (MA)
2,244
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Jonathan R McLaughlin
  • Rental Property Investor
  • Boston, Massachusetts (MA)
Replied

some experience with this though running out the door. Please dm me for info but the short version:

You have both the practical and legal aspects and each town is different for both. Don't know Medford. 

For instance, there is nothing in the state code about a stove making an in-law into a (illegal) second apt. but the inspectors and appraisers consider that a marker in Boston, don't like it and will shut you down if they inspect

Generally, in Boston, you can't have a lease because you can't legally rent it as a separate apt. 

If the person in the in-law has access to the whole unit then its generally (i.e practically) fine. The inspectors will note locks on doors etc. 

True owner-occupant landlords who run decent appts very rarely get in trouble with in-laws, but....

Depending on egress etc. it could be an easy thing or you could be asking for trouble.

This is one of those things that is  "absolutely fine, until it absolutely isn't" so be very careful, especially if you are depending on the in-law rents as part of your financial analysis.

no legal advice given!

  • Jonathan R McLaughlin
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