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All Forum Posts by: Anthony Sherman

Anthony Sherman has started 3 posts and replied 6 times.

Hi all,

Apologies for being unclear.  A couple days elapsed between starting the question and finishing it.

I think you guys did an excellent job of answering anyway!  I will have to double check if we have a guarantor clause but it sounds like it would make more sense to err on the side of caution and have the cosigner sign the renewal as well.


Once again, this forum is an amazing resource.  Thanks again to all for the knowledge!

Anthony

Hello all,

We have a young couple as a great tenant who is looking to renew.  One of them is in college and her parent is on the original lease as a cosigner.  I have searched through the forums, MA law, etc. but cannot get a clear answer.  

Does anyone have experience in this process?  Specifically in Mass, but all input is welcome!

If anyone is aware of a clause in the MA rental laws that addresses this, linking it would be most appreciated!


Thanks!


Anthony

Hi guys,

I have a tenant who has requested to move out early due to COVID-19 related financial hardship.  Don't worry, I tried many times to work with them on options as I do not want to make someone homeless during this time but they are insisting.  As many BP members have pointed out, this is a better option than refusing early termination and not getting paid, so this has now become my policy (although I am accepting suggestions for lease riders for early termination for the future!).

My question is, how best to document this?  I have asked the tenant to email a formal letter asking to break the lease, forfeit last month's rent for April, and move out by April 30th.  They tried to send via certified mail but I am out of state for now.

I was thinking to write a lease termination contract encapsulating the tenant's letter with the fully executed lease as an attachment.  This would include the typical legal lingo but is there anything specific?  I will be basing this off templates my fiance has as a RE Agent in MA.

Thanks

Anthony

Hi all,

I recently sent a letter to our tenants based on advice from this forum. I spent a few hours curating a list of resources for tenants to leverage in times of financial distress with a focus on the current COVID-19 crisis and wanted to share the results so others can utilize when crafting their landlord-tenant communications. 

Our property is in Framingham MA and have 3 units with tenants in 3 very different situations.  One seems unaffected, one has been sent home from an hourly corporate retail job, and one is a fully out of work independent contractor (this tenant is hit the hardest it seems).  The letter is intended for a broad audience, aiming to convey understanding, help lay out options/explain financial concepts, and to state that although these are hard times for all we have not been given any leeway on our mortgage payments so rent is still needed and expected. 

After reading THIS excellent article and great comments, I realized I was lacking some messages and will be sending a short follow up to supplement the financial info and resources. 

I know there are thoughts that this may give tenants an excuse not to pay; this I view as situational. We have good tenants and the couple who are distressed have already reached out to us about potential financial issues.  Additionally, although these are extraordinary circumstances, if a tenant was asking us to work with them I would require detailed review of their financial situation before making any concessions. It is the best solution I can think of to balance humanity and business during these unprecedented times. 

Anyway, ramblings over, here is the letter.  Feedback is welcome! 

Hello everyone,

We hope everyone is doing their best to stay busy at home. If nothing else, the silver lining I see is some time to get caught up on things we normally don't have time for; workouts at home or in a park, spring cleaning, or learning something new like a skill or language. I personally plan to do my taxes (finally!) and get my dirt bike running.

The reality of this situation however is that many of us are struggling to maintain our finances for a variety of reasons. We have not been spared with Kelsey's real estate leads drying up and the inability to travel making it very hard to deliver on my job responsibilities. This is truly an unprecedented situation; we understand that. We are lucky that the government stimulus package will help us with the immediate expenses, but that is not all we can do.

On our side, we have called the office of the president, our state reps in the Federal government, our state elected officials, even our local officials to add our voice to the effort and push for some relief (soon!). We have called our mortgage servicer, our student loan provider, and credit card companies, all seeing what programs are currently offered for payment deferrals and asking for more assistance regardless of what is available. This effort will not only help to alleviate individual financial stresses, but when repeated by many our collective voice becomes so loud we can't all be ignored. Don't underestimate the power we have when we come together, this has been demonstrated throughout history in many movements: Civil Rights, Women's Suffrage, Black Lives Matter etc. etc.

As it stands today we have not recieved any relief from our mortgage company and will be expecting rent on the first as usual. We know this may not be easy so I put together a list of resources and suggestions to try to help in addition to the stimulus from the federal government. There is assistance out there but we need to be proactive to secure it; this means call agencies, apply for any programs that seem relevant, follow up by email. There are programs at local, state, and federal level that can all be leveraged during times like these.

Actions and Info

Contact Government Officials

All government contact info: https://www.usa.gov/elected-officials

  • 7:15 p.m.
  • The 1st and 3rd Tuesday of each month
  • Memorial Building
    150 Concord Street
    Blumer Room
    Framingham, MA 01702

Contact Banks/Card Companies

Ensure you take advantage of federally backed student loan relief: https://navient.com/covid-19

Find out what programs your bank is offering: https://www.bankrate.com/banking/coronavirus-list-of-banks-offering-help-to-customers-financial-hardship/

Call credit card companies to try to defer payment: https://www.bankrate.com/finance/credit-cards/issuer-assistance-programs-amid-coronavirus-fears/

File for Unemployment - DO THIS IMMEDIATELY IF YOU ARE ELIGIBLE FOR MAX BENEFITS

Link to file:https://www.careeronestop.org/LocalHelp/UnemploymentBenefits/find-unemployment-benefits.aspx?location=MA&keyword=&persist=&ajax=0

State guidence on coronavirus unemployment: https://www.mass.gov/resource/information-on-unemployment-and-coronavirus-covid-19

Zero-hour or furloughed eligibility: https://www.businessinsider.com/what-is-zero-hour-schedule-unemployment-benefits-2020-3

Self-employed or independent contractors: https://www.thebalancecareers.com/can-i-collect-unemployment-if-i-m-self-employed-2064148

Seek housing assistance

Overview on housing assistance in Mass: https://www.mass.gov/guides/a-guide-to-obtaining-housing-assistance#-rental-assistance-

Retal assistance section: https://www.mass.gov/guides/a-guide-to-obtaining-housing-assistance#-rental-assistance-

Framingham Housing Authority: https://framinghamhousingauthority.org/

General

Federal stimulus package FAQ: https://www.nytimes.com/article/coronavirus-stimulus-package-questions-answers.html

Highlights:

- Payments coming to most Americans w/in 3 weeks of $1,200 (ensure your taxes are up to date to receive payment)

- $600 federal unemployment for both persons receiving state unemployment benefits AND for self-employed and contract workers for up to 4 months

- Federal student loans payment deferred for 6 months

- Up to $100k withdrawn from IRA or 401k w/o penalty in 2020 for coronavirus hardships

IRS page for stimulus package: https://www.irs.gov/newsroom/irs-operations-during-covid-19-mission-critical-functions-continue

General pandemic financial advice: https://fortune.com/2020/03/26/stimulus-package-how-to-unemployment-benefits-small-business-student-loans-self-employed-retirement-coronavirus-bill/

Please use this information to your advantage the best you can; the goal is to continue our lives as normal (except while staying 6ft apart of course). I am not an expert on the programs listed here nor am I a financial advisor but I am open to answering any questions you might have. As of today there is no relief for us through our bank or government related to delayed or partial rent payments (as I am writing this I have been on hold with our lender for 1.5 hours) so please pursue all avenues detailed in this email and any others you may have available to you to make rent on the 1st.

Feel free to reach out direct via cell  for any questions or concerns.

Good luck, wash your hands, and stay safe :)

Anthony

Just my personal experience. We used MSA Mortgage located in Framingham MA. They were extremely professional and we are hoping to re-fi with them soon. 

To be clear however they are only a broker and our mortgage has since been transferred to Wells Fargo. No issue there, they have been servicing the mortgage successfully and have local branches around MA. 

Rick is the head guy at MSA and always took the time to explain as much as we needed, and all his staff are extremely knowledgeable and friendly. If there is a meeting where a junior staff member would not have the knowledge to run it alone Rick was also on the line. They have my recommendation.

Anthony

The law states you are supposed to return the interest at the end of each year but I do not believe this is common practice. I wouldn't advise to do something illegal but I would think the tenants wouldn't complain if you let the interest sit in escrow earning compound interest until the time that you return it to them. Perhaps this is a CYA situation where you can include a clause in the lease that indicates the interest will remain in escrow for as long as the tenant remains in the apartment.  I personally would follow up with a verbal agreement so this is clearly understood. 

Anthony