All Forum Posts by: Brian Lucier

@Zack Monroe all points made well, thank you.

1. On the statement condition for the SEC DEP list all damages, unpaid rents, accompanied by receipts.
2. Do this within the 30 days as required by law.
3. If they owe you a balance, then state that clearly on the statement with instruction to pay you within 30 days.
4. Make sure you put the Phrase "Signed Under Pains and Penalties of Perjury". <-- SUPER IMPORTANT in Massachusetts!!!
5. 30 Days after they get the statement, if they have not paid, file your small claims.

@Lien Vuong spot on per usual Lien

I do not think any judge in Massachusetts is going to honor the rest of the term of the lease if it was mutual for them to move out. Especially under the current environment. You did start to show the unit so the assumption was you complied with the request. You will be hard pressed to collect December if they do not live there. However, as Lien suggested, if you have a LMR, then apply that to the December rent under the terms.

As for damages, you mentioned "(from initial lease long ago)". The burden is to have the documentation in the move in condition statement to prove what the floor looked like before they moved in. If it has been more than ten years, they may have an argument for normal wear and tear. If the kids have been painting murals on the carpet, that's another story. Either way, it is not really clear what the damages are from your initial post so I will reserve further comment there.

I think the only speed bump in the plan is the interest for the security deposit and/or LMR. No sure if there was a LMR. MGL 186 ss15B is clear that the interest belongs to the resident and should not be used to offset damages. Either from the interest bearing account, or at 5% for the duration of the term you held it. You can roll the dice on this one too. Chances are the resident does not know this, but if they call a lawyer, then the lawyer can advise them to counterclaim for triple damages (on the interest only if you are luck). If the lawyer is a shark, then they may dig deeper for triple the entire amount for both.

So how do you get through all this?

1. You have 30 days from getting the keys back to deliver a statement of condition for the return of security deposit.
2. You are supposed to return the interest for the LMR and SEC DEP, or may be liable for triple damages
3. Contact the resident to let them know they have a refund (don't tell them it is the interest) and get a forwarding address
4. You may also have ICE contact info and references from their rental application to track them down
5. Follow Lien's post 1 thru 6

I am part of a landlord association and have a pulse on how other landlords are doing in their court cases now that the MA moratorium has been lifted. It is like watching a completely different movie from what we have been used to for the past 20 years. I would seriously consider the chances that even if you do pursue this, it could take months to be heard. Everything is on zoom. The is the pre-trial hearing is first, then the trial. If not resolved in those time slots, you start over. And at any point if the submit the CDC hardship form - game over - case dismissed.

I think you need to take stock on what the damages are actually worth to you. You may or may not be able to collect even if you do win a judgement. Not trying to be a debbie-downer, I would just prepare for the worst and be happy if it doesn't go that far. At least you got the vacant apartment without going to court. Today, that in and of itself - is a WIN!!

I would like to throw my hat into the ring for Massachusetts. [email protected]

@Henry Lazerow

This is real estate business. There are ALWAYS going to be "bigger fish to fry".

In each deal, with all of the different moving parts, if someone is more focused with what is on "your arm", than the deal in front of them they need to wrap "their arms" around, then they are taking their eye off the ball and probably not seeing the whole bigger(pockets) picture. Do great work - get great rewards. Your skin should not matter. But only if you have "skin in the game."

Being said, my background is graphic design and illustration and I alway enjoy a great ink job. I personally do not have ink, not a fan of needles after a bad car crash decades ago. But when we "screen residents" that have ink, I always ask to see the ink if it is in an appropriate place.

Every two or three years, we have the Massachusetts State Police Gang control unit give a presentation to our Landlord Association. Very informative and terrifying all at the same time. They teach us to recognize gang ink and what to look for across the several different gangs. We want as little drama as possible after we sign the lease and this includes gang activity in the building.

I would not be offended by the ink so long as it was not intended to be offensive.

@Gary Wallace

Thank you again for this post. I took stock of what we have in storage this week because of this post.
Just in case of an emergency, we have on hand:

• 4 new dishwashers
• 3 new refrigerators
• 1 used but working electric stove

I think I am good to go for now.

@Chuck A.

Unfortunately, the only way I know to fix this is to open up the wall and secure the pipes to a stationary surface. You can also use mineral wool (sound-proofing insulation) to surround the pipes if you do end up opening the wall. Sometimes the original pipes eventually shake loose from the original supports that secure them inside the wall. Now you have a problem of pressure on the lines that shakes the pipes in use. 

So eventually, these pipes shaking can loosen up the pipe solder fittings over time. When this happens, then you may be looking at a bigger repair issues, and water damages, which is not good at all. Not much fun to deal with. 

But lesson learned here. If you ever do open a wall for plumbing repairs, it is always a great idea to leave an easy access panel where you can quickly pop open the panel to make any future needed repairs. 

Sorry, I s do not think I was much help on this one.

@Kyle Koziol

This is a lot easier than you may think it is, and you can save some big bucks in your ZIP Code.
https://www.google.com/search?...

For a supplier, I LOVE the MAKI brand SWS Windows (Gardner MA) or Harvey Windows (Fitchburg MA). SWS windows exceed the specifications on a LOT of other standard brands.
http://swscorp.net/

All being said, can you repair the windows? If it is just broken glass, you may be able to pull out the sash and have it repaired.

@Gary Wallace

Hi Gary, I feel your pain on this one. 

Here in Massachusetts, state sanitary code requires a stove in a rental, but not a refrigerator - go figure that one out. However, if you list the appliances in the lease as being the property of the owner, then it is your obligation to provide what is written in the lease.

Just had a gas stove delivery today after three weeks, and two other deliveries are taking 30 days for a new stove and fridge. The problem is scarcity of inventory being blamed on covid for production shortages from three months ago. It is scary when you walk into Home Depot and the door section shelves are totally empty. It's not just appliances, but right now a lot of building materials are in short order.

I think having a candid conversation with the resident is the best course of action moving forward. Give them some options. Let them know the situation about back orders. Look for other out of the box solutions like Craigslist or local Facebook groups looking for a used stove. We always try to keep a few appliances in storage just in case if a tenant cannot wait. We have been lucky that our residents; given the option, were happy to wait for new if it took a few extra weeks instead of taking the backup unit out of storage. Being their choice in the mater, we did not offer any rent discount. If they did want the rent discounted, we would get them the backup stove before end of business that day. We are fortunate enough to have the appliances, the trucks, and the staff to back up our offer.

We had a resident's fridge breakdown a few months into covid, and he worked at Lowes. He was able to get a new fridge from inventory in the store from the back room and get the employee discount. He bought it and we reimbursed him for it. We gladly picked it up in our truck and delivered it for him, and saved about $300 on a stainless French door fridge with an icemaker, which is what he had to start with.

As far as a discount, I would make that the last option. See if you can offer one of the other options to get them a used, or wait for the new. Then let them decide.

The thing I hate about used appliances, or trying to fix them, is that you could spend within a few hundred dollars of a new machine just trying to fix the old ones. And then, you are still stuck with an old one that has been repaired. One more repair and it becomes obvious that you should have bought the new machine. 

If I were to offer them any discount at all, it would not exceed the cost of a new stove. Afterall, that is the only thing that is missing, right? I am sure you could find them a backup with a little effort, or even pull it out of another rental that is vacant or under repair. Also try checking with the other landlords you know. They may just have one kicking around in storage they would loan you or sell it to you cheap until the new stove comes in.

There are also a bunch of other good posts and ideas here too. Gotta love the BiggerPockets community!!!

@Account Closed

Hi Joe, thank you for teaching this old dog some new tricks. You are right. I absolutely should filter my comments based upon my state laws and I will try to remember that key filter moving forward when I post. My bad - I own this. 

I am not on the forums to be a pain in the butt, I am trying to help other landlords not step on the landmines I have found from doing this since 2001 (in Massachusetts). I am always learning something new and will never assume that I know it all.

Yes, Massachusetts is a very liberal state, and VERY tenant friendly and the laws favor tenants in housing court. We have annual meetings with housing court clerks and judges that come to our landlord association every year for the past 15+ years, and the advice I am offering is directly from the judges who sit on the bench. We are able to ask them hypothetical scenarios (no specific cases log) in an open forum to get their legal perspective, while they are not sitting on the bench in their judge's robes. The conversations are candid and very helpful to our members.

My take away still trying to be helpful:
• Find a local landlord association in your rental market
• Get involved in the meetings and discussions
• Network with your local landlords to learn the legal landscape in your state

Thank you for the course correction Joe!

@Account Closed

Massachusetts is obviously not North Carolina. I abide by the landlord/tenant state laws up here. We are fair but firm, but we have to follow the laws. Our rental application is 16 pages, our lease is 30+.

If you did what you are suggesting in your post up here, housing court judges would slam you - HARD. In my backyard anyways, once they lease is signed and the resident has possession, they have the right to eminent domain. 

In English, they do not have to let the Board of Health, The Police, The Fire Department, Maintenance Staff, OR especially a hungry landlord who wants a tuna sandwich from the resident's fridge at 1:26 AM. If the resident says "no", then "no" means "no". The only way around this when the resident refuses access, whether in the written lease or not, in Massachusetts anyways, is a court order.

Yup, know your state's landlord/tenant laws. Enjoy your sandwich.