All Forum Posts by: Robert P.

 Board of Health came (she said because department of child services was called by her ex-boyfriend) and we got a letter of minor things to fix. We fixed them all and called for a post inspection. When the inspector came, she started adding things to get fixed. (now caulk around kitchen sink, ant problem?, and now they were testing for lead paint.

I'm not the landlord, but a family member of mine is and I'm just trying to help them through this process. The tenant did not get results yet, either did us. Not even sure if the lead test occurred yet. 

I'm a little upset that certain things were not addressed, including possibility of lead paint the first time they came. But it's not my property so I cannot talk to the inspector about that "mis-communication" lets call it. 

p.s. we have an attorney, a very good one. I don't think she will be able to afford a good one, or one at all. (not sure how good the free ones are?)

Say someone has been renting an apartment to a family with 2 kids under 6 for the past 9 months or so. We are a day away from giving them their 14 day notice to quit for non-payment (in Massachusetts that is what you do). In the past couple of weeks the board of health has been there for very minor violations (that were all fixed) but now inspector is talking about lead paint testing.

Questions:

1. If test comes back positive from inspector, how does that change (if at all) my eviction for non-payment?

2. Would the landlord be required to de-lead the unit even though they are being evicted?

3. Any lawsuits, etc involved since they have been living there for 9 months with potential lead in unit?

Of course, this is all if the test comes back positive, so all hypothetical questions. Just trying to be prepared for what could possibly happen. I know lead paint is a huge issue in MA, so I would appreciate any and all feedback regarding this. 

 Thanks, Linda. I did not know it was this complicated, and I appreciate the folks on BP letting me know this! I have something set up with a local CPA to discuss my personal situation. I appreciate the explanation of the Schedule E and property depreciation.

 I don't have a tax advisor at the moment. Perhaps I should look into getting one. Would you say that is extremely important to have? This is my only property and don't plan on acquiring any others for years to come.

Could you elaborate on what you mean by the depreciation working against my income, closing, appraisal and inspection?

 Generally speaking, what things could be impacted? Is it only my AGI? You seem to know more about this than I do. I'm just looking for areas of concern to then go forward and investigate/have a conversation about.

First time buying a home. Home is in Massachusetts. Will be renting it out. 

Any clues on how my year end taxes (not property taxes) will be impacted by purchasing a home, and now having more income coming in. (besides putting me in a higher tax bracket)

Anything I should be prepared for? Sorry if this question is broad.

 Thanks! I have the best atty in my area. He's been doing landlord/tenant law for over 30 years now! With that, I probably shouldn't be scared at all. Helping out a relative. 1st ever eviction.

 agreed. I just don't want the courts saying we are doing it because of the board of health notice. We've been meaning to evict, and now this issue gets involved...great

(p.s. this is actually a relative I am helping out getting things fixed and having the proper atty. if it were my property, I would serve them the notice the day they were late.) That is what also scares me is that I have not been managing this tenant, so I am not 100% aware of everything that has been going on.

 Thanks for the advice. I just want them out, with as little hassle as possible. I will keep you posted on what happens.

Situation: Current tenant says board of health was called because department of child services was called from ex boyfriend who said my apartment is not safe for a child to live in.

Results: I received a list in the mail of things that needed to get fixed. Items include: loose door hinges, toilet handle loose, toilet bowl loose, one burner on oven was not working, small hole in hardwood in corner of floor behind fridge, bath tub drainage issue (slow clog, just needs to be snaked) water stain on ceiling with cracking plaster on ceiling. 

What we did: We got the letter on Friday afternoon and everything was fixed by Tuesday night. Replaced the stove with a new one, fixed the toilet issues, re sheet-rocked the entire walk-in closet ceiling (and painted), patched small hole in floor, tightened door hinges, and had plumber come in and instead of snaking, had him replace the pipe that was getting clogged. 

Questions: 

1. Tenant has been consistently late on rent. Still has not paid May rent (and now says she was advised not to pay rent until everything was fixed, even though she was late before board of health even did inspection). June rent is due the 6th, but she said she won't have May rent until June 10th. We want to evict based on this, but worried about the 6 month rule after board of health inspection (in Massachusetts) that may be considered retaliation unless we can prove we would be evicting even if we didn't receive notice. If she has not paid May and June by June 6th, does this give us enough grounds to prove we are evicting based on late rent and not "retaliation"?

2. They were out of a shower/tub for approx 2 days, even though they are giving us a hard time, would it be smart to give them a $50 credit on rent (yes the late rent) for the "inconvenience"? 

3. They have kids, predicting they will be late for June as well. Will eviction be harder since they have 4 kids? Is there any type of trouble I could get in for them living in a 2 BR with 4 kids?

There is a lot going on here, I do have a lawyer, just trying to get feedback from people who may have been in a situation like this before. (problem tenant with board of health inspection in place and wanting to evict based on 2 months late rent)