All Forum Posts by: Justin Jarboe

Use of Premises

1. LANDLORD will deliver the unit with all light bulbs in working order. At the end of the lease, TENANT(S) agrees to deliver the unit with all light bulbs in working order and they shall be of 60 watts or similar. In the case of the LANDLORD delivering PREMISES to TENANT(S) with LED bulbs, than TENANTS shall replace with like kind LED bulbs. TENANT(S) shall be responsible for replacing their own light bulbs during tenancy. In the case of multiple bulbs in one fixture, all bulbs must be matching in size and wattage. If TENANT(S) do not deliver unit back to LANDLORD at the conclusion of tenancy as agreed above in this paragraph, then TENANT(S) shall be subject to a fee of $5 per bulb.
2. If there are existing washer and dryer in the unit, then: LANDLORD extends the use of any washer and dryer currently in the unit to the TENANT(S), however the LANDLORD does not make any representations to the functionality of these units nor will the LANDLORD repair and/or replace units if they stop working. If TENANT(S) wishes to use these appliances, they agree to assume all responsibility for care and maintenance. TENANT(S) agree to return the appliances in the condition supplied less any normal and reasonable use.
3. TENANT(S) understands and agrees that it’s their reasonability to change / clean the furnace AC filters every 6 months to ensure proper operation of the HVAC system unless otherwise agreed upon in writing.
4. TENANT(S) is required to notify LANDLORD of any pest issues immediately. Time is of the essence. Should pest issues be directly or indirectly related to TENANT(S) negligence specifically but not limited to the “Sanitation, Refuse & Recycling” section below, TENANT(S) agree to pay pest company for the treatment OR reimburse LANDLORD for expense. Section “Other Fees & Billing” paragraph 2 shall apply.

1. TENANT(S) shall not be permitted to use any Grills (charcoal or gas) without express written permission and approval of the LANDLORD. If approval is granted and not in violation of the buildings governing bylaws / rules and regulations then all grills (charcoal or gas) must be used outside and at least 15 feet away from any building. Grills may not be used on any balcony or under any overhanging portion of the building.

1. If unit is a condo: TENANT(S) agrees to abide by all condo Rules and Regulations attached and made part to the STANDARD RESIDENTAL LEASE hereof.
2. No part of the Premises shall be used at any time during the term of this Agreement by TENANT(S) for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private dwelling.

1. TENANT(S) shall keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. TENANT(S) shall not allow any flushable wipes, tampons, condoms, sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage, and / or maintenance costs including but not limited to the cost of clearing stopped plumbing resulting from misuse to any such apparatus shall be solely at the TENANT(S) expense.
2. TENANT(S) shall run bathroom ceiling fan whenever bathtub / shower is in use. This will prevent unnecessary moisture to collect on the ceiling. If TENANT(S) do not use the ceiling fan and as a result mold or a mold like substance appears, the TENANT(S) shall incur the cost of remediation. If there is damage to the walls and/or ceilings, the repair cost shall be at the TENANT(S) sole expense.
3. TENANT(S) shall adhere to the Massachusetts State Sanitary Code as found at 105 CMR 410 - Code of Massachusetts Regulations.
4. Short term rentals / subletting:
   1. Under no circumstances shall TENANT(S) be allowed to short term sublease or rent without written permission from the LANDLORD. You are hereby strictly prohibited from subletting, licensing, or renting to any third party, or allowing occupancy by any third party, of all or any portion of the dwelling, whether for an overnight use or duration of any length, without our prior written consent in each instance. This prohibition applies to overnight stays or any other stays arranged on Airbnb.com or other similar internet sites.
5. PROHIBITION ON LISTING OR ADVERTISING DWELLING. ON OVERNIGHT SUBLETTING OR RENTING WEBSITES. You agree not to list or advertise the dwelling as being available for short term subletting or rental or occupancy by others on Airbnb.com or similar internet websites. You agree that listing or advertising the dwelling on Airbnb.com or similar internet websites shall be a violation of this Addendum and a breach of your Lease Contract.
6. TENANT(S) shall be solely responsible for getting notified of any municipally or town updates that would affect their use, including but not limited to: declared parking bans, updates of trash / recycling day changes, and the like. As a convenience the LANDLORD recommends CodeRed (https://www.onsolve.com/solutions/products/codered/) for most towns and municipalities. Worcester’s direct link is: https://public.coderedweb.com/...
7. TENANT(S) shall schedule move in date with LANDLORD.

Sanitation, Refuse & Recycling

1. TENANT(S) must comply with local municipal codes by keeping the premises clean and dispose of trash properly.
2. Unless previously agreed upon in writing, TENANT(S) shall be responsible for: Removing their own refuse / recycling from the Premises at their sole cost. If not provided by LANDLORD, all receptacles used must be purchased by TENANT(S) and approved by the municipality the premises is located in. If TENANT(S) violate these terms set forth, LANDLORD reserves the right to forward any fines to TENANT(S) and charge a $25 fee per occurrence.
3. TENANT(S) shall deposit all trash, garbage, rubbish or refuse in the locations provided and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within any of the common elements including but not limited to hallways, landings, closets. TENANT(S) also acknowledge that they take FULL responsibility for their receptacles and should there become an issue with trash company taking any of the trash because of and not limited to: an overweight bag, someone else dumping trash in your bin, non-municipality bags, etc… than TENANT(S) accept full responsibility for the costs associated with rectifying the issue. The bin used provided by LANDLORD or not is the TENANT(S) responsibility and they take full responsibility for it. If LANDLORD acts to rectify the issue, the costs of such will be forwarded to the TENANT(S).
4. CLEANING. TENANT(S) is responsible for cleaning all areas of the Premises, including but not limited to, living room, dining room, kitchen, hallways, laundry room, bedrooms, closets, bathrooms, outdoor walkways, and parking spaces. To prevent the infestation of rodents and insects, TENANT(S) must remove any collected trash and food waste from the Premise at least once a week. Carpets and Rugs must be vacuumed at least once a week. Hardwood floors or Tiles must be swept once a week. Bathrooms must be cleaned regularly, and as frequently as needed, to prevent the formation of mold and mildew. If TENANT(S) does not clean adequately and regularly, TENANT(S) will be liable for reasonable cleaning charges – including charges for cleaning carpets, draperies, furniture, walls, etc. that are soiled beyond normal wear (that is, wear or soiling that occurs without negligence, carelessness, accident, or abuse). Landlord reserves the right to hire a recurring Professional Cleaning/Maid Service if TENANT(S) are not keeping the Premises in clean/sanitary order at Landlord’s own judgment. This expense will be the responsibility of the TENANT(S).
5. If after a pest inspection and/or treatment, the pest company deems that due to sanitation reasons including but not limited to: leaving food out, not cleaning properly, etc… the TENANT(S) were a contributing factor, then TENANT(S) shall incur the cost of such treatment. In the case of multiple units being a contributing factor, then the cost shall be divided evenly among the number of units contributing.

Noise

1. TENANT(S) agrees not to cause or allow any noise and / or activity on the premises which might disturb the peace and quiet of another resident and/or neighbor. Said noise and/or activity shall be a breach of this agreement. This includes but is not limited to: any loud activity, playing of loud music, video games, banging on walls / floors, loud children, arguing, fighting, and/or loud vehicles.

Smoking

1. Smoking is prohibited in the unit. Smoking shall consist of but not be limited to: Inhaling, exhaling, breathing, vaporizing, carrying, or possession of any lighted cigarette, cigar, pipe, other product containing any amount of tobacco, or other similar lighted product such as marijuana, cannabis, and the like.
2. No marijuana may be grown on the Premises by the TENANT(S) or guest(s) without the prior written consent of the LANDLORD.

Storage & Parking

1. LANDLORD permits the use of parking space #### aka ### to the TENANT(S). If extra off street parking spaces become open and available TENANT(S) may have option to purchase from LANDLORD for $#### per month as long as LANDLORD gives written consent. An additional addendum to STANDARD RESIDENTAL LEASE may be required. TENANT(S) are responsible for applying for and receiving on street parking permit. All parking shall be at TENANT(S) sole risk and expense. No parking shall be permitted in the yard.
2. The storage of unregistered motor vehicles is prohibited unless with express written permission from LANDLORD. If permitted by LANDLORD, all local and state laws still apply.
3. TENANT(S) agree to not maintain, work on, or change their vehicles oil on the premise.
4. TENANT(S) agree to keep their vehicles maintained in good working order and free of any leaks whatsoever. Should TENANT(S) be in violation, TENANT(S) shall have 14 days to remedy violation. Should TENANT(S) continue to have the same or similar violation repeatedly, LANDLORD reserves the right to restrict the off street parking space to TENANT(S).
5. LANDLORD permits the use of storage unit ### to the TENANT(S). TENANT(S) must deliver storage unit free and clear of all personal belongings to LANDLORD in broom swept condition at the conclusion of tenancy. If TENANT(S) fails to deliver the storage unit as described above, than TENANT(S) will pay LANDLORD a $100 administrative fee as well as be liable for the costs associated to empty and clean. All storage shall be at TENANT(S) sole risk and expense. Should the TENANT(S) be in violation of this clause, specifically relating to personal property and/or debris, and leave anything behind, the TENANT(S) declare abandonment of such personal property and/or debris.

Snow Removal

1. The vendor may begin snow removal efforts when precipitation and/or accumulation in excess of 1.5” of snow, sleet, hail, or freezing rain, accumulates sufficiently to cover the pavement.
2. During each storm, the walkways and stairs around the building perimeters will be cleared to allow passage. The vendor will do everything within their ability to keep these areas clear and treated, but please take extra precaution while walking since the steps and sidewalks become very slippery.
3. If applicable, please feel free to make use of the ice melt near the doors inside the building for interim treatment.
4. During the course of the storm, roadways and accessible parking spaces may be cleared of snow. TENANT(S) must make every effort to relocate their vehicles to a cleared area so that their spot can be plowed. Please note that the vendor cannot clear a space if there are cars on both sides of the space.
5. Please ensure that your car does not extend onto / beyond the sidewalks as this will impede snow removal efforts; the vendor, nor the LANDLORD will be held responsible for damage to any vehicles that extend onto / over the sidewalks.
6. At the conclusion of the storm the vendor may return to perform final cleanup. All vehicles must be removed from the property during this time. Vehicles that impede the snow removal process may be towed at the expense of the vehicle owner without further notice.
7. If you are not going to be at home during a storm, please consider giving your neighbor, friend, or family member a key to your vehicle so that your vehicle can be moved in accordance with the snow removal policy.

Security - Please remember that security of the building is everyone’s responsibility

1. Don’t hold the door for someone unless you know that they are a TENANT and belong.
2. Soliciting is not permitted. Do not let solicitors into the building.
3. If you see any suspicious activity, please call the Police Department immediately.
4. Make arrangements with a neighbor to retrieve packages that have been left outside, or in the common area if you are not going to be home. Set up a program with your delivery service so that packages are only delivered when you are home. Consider having packages delivered to you at your place of business or with a friend or family member where there is usually someone at home.
5. Do not leave any valuables in your vehicles and be sure to lock your doors. Please consider removing any exterior storage components (e.g., bikes, racks. Thule racks, etc.) from your vehicle.
6. Please DO NOT prop doors open when making multiple trips in and out of the building! This not only poses a security rick, but it increases the heating costs. If you see a door propped open please close it.

Keys, Lockouts, and LANDLORD Entry

1. Keys: TENANT(S) acknowledges receipt of the following keys: (#) Unit keys, (#) Storage room keys, (#) Storage unit padlock keys (#) Mail keys, (#) Main door keys, (#) Keyless electronic entry fobs, which shall be deemed part of this agreement. If TENANT(S) does not deliver these keys back to LANDLORD at the conclusion of tenancy, then TENANT(S) shall be subject to the following fees: $5.00 per missing unit key, $25 per missing storage key, $5 per missing storage unit lock key, $25 per missing mail key, $25 per missing building key, $50 per missing keyless electronic entry fob.
2. Lockouts: TENANT(S) is responsible for their own lockouts. Should TENANT(S) be locked out of premise, than TENANT(S) agrees to call a locksmith and agree to be liable for the costs associated with entry. Should a new lock be installed, TENANT(S) agrees to provide LANDLORD with a copy of new key(s) within 24 hours. If LANDLORD responds to lockout and unlocks door for TENANT(S) than a lockout fee of $100 may be charged. Under no circumstances are TENANT(S) to remove screens or try to break in through windows.
3. TENANT(S) authorizes LANDLORD right of entry for repairs, inspections, and showings with reasonable notice given including the right to photograph/video record unit.

Other Fees & Billing

1. TENANT(S) agrees to use direct deposit for rent every month to LANDLORD. No cash payments will be accepted.
2. Any surcharges and/or other expenses (consisting of but not limited to: late fees, administrative fees, lockouts, pest control, trash control, and the like) will be due at the following 1st day of the month when rent is due. Any and all surcharges and/or other expenses will be deducted first then excess if any shall be applied to rent owed.
3. Painting / wallpapering without the express written permission and approval of the LANDLORD will result in a $1,000.00 charge per wall to TENANT(S). TENANT(S) agrees to turn over premises to LANDLORD in a rentable condition. If at the end of tenancy there is damage (including but not limited to: coloring, marks, scratches, holes, dents) which affects the ability to rent the unit, than a deduction from security deposit will apply for the repair of said wall(s).
4. If TENANT(S) fails to pay utilities and account reverts back to LANLORD, TENANT(S) will pay a $100 administrative fee in addition to being liable to pay the amount they are in arrears.
5. TENANT(S) may elect to terminate their lease prior to the expiration date with an early termination fee of three (3) months’ rent.
6. LANDLORD reserves the right to sub meter TENANT(S) water usage. If Landlord executes this right, TENANT(S) shall be responsible for paying for their water consumption.
7. Regarding security deposits: Tenants hereby agree to use one head of household for the security deposit. This head of household shall be the sole contributor of said funds and shall be solely responsible for end of lease deductions (if applicable).

End of Lease Information

1. TENANT(S)'S HOLD OVER - If TENANT(S) remains in possession of the premises with the consent of LANDLORD after the natural expiration of this Agreement, a new tenancy from month-to-month shall be created between LANDLORD and TENANT(S)which shall be subject to all of the terms and conditions hereof except that rent shall then be due and owing at ______________________________________________________________ DOLLARS ($__________________) per month and except that such tenancy shall be terminable upon thirty (30) days written notice served by either party.
2. TENANT(S) agree to deliver the premises to LANDLORD with full possession, free of all TENANT(S) and all occupants at the expiration of this agreement. The premises is to be delivered in the same condition as the date of this agreement with reasonable use and wear. The premises, and all systems of the premises, including but not limited to: heating, plumbing and electricity, carpets, paint, and all appliances, shall be in the same condition as of the date of this agreement, reasonable wear and tear excepted. The premises shall be in broom swept condition and free of all personal property and debris including but not limited to: TENANT(S) personal property and/or debris, any stored property and/or debris from an occupant, friend, family member, or acquaintance. The LANDLORD and/or anyone the LANDLORD appoints as their representative shall be entitled to personally inspect said premises at the expiration of this agreement to determine whether the condition thereof complies with the terms of this clause. Should the TENANT(S) be in violation of this clause, specifically relating to personal property and/or debris, and leave anything behind, the TENANT(S) declare abandonment of such personal property and/or debris and may be subject to removal costs the LANDLORD incurs.
3. TENANT(S) shall schedule move out date with LANDLORD.

LANDLORD Liability

1. LANDLORD is not liable to TENANT(S), guest, or occupant for personal injury, damage to or loss of personal property (furniture, jewelry, clothing, etc.) from fire, flood, water leaks, rain, hail, smoke, ice, explosions, interruptions of utilities, criminal conduct including theft, burglary, assault, vandalism or other crimes, acts of God, or other causes unless caused by LANDLORD’s negligence. LANDLORD does not carry insurance for TENANT(S)’s benefit. LANDLORD encourages TENANT(s) to secure own insurance to protect against the above situations. If TENANT(S) obtains insurance, TENANT(S) agrees to submit written proof of such coverage, and add LANDLORD as “additional insured”.

Limits to Use

1. TENANT(S) shall not be permitted to
1. TENANT(S), any members of the TENANT(S) household or a guest or other person under the TENANT(S) control shall not engage in illegal activity, including but not limited to: drug-related illegal activity, on or near the said premises. “Drug-related illegal activity” means the illegal manufacture, sale, distribution, purchase, use, or possession with intent to manufacture, sell distribute, or use of a controlled substance (as defined in Section 102 or the Controlled Substance Act (21 U.S.C. 8002) or possession of drug paraphernalia.
2. TENANT(S), any member of the TENANT(S) household or guest or other person under the TENANT(S) control shall not engage in any act intended to facilitate illegal activity, including drug-related illegal activity, on or near the said premises.
3. TENANT(S) or members of the household will not permit the dwelling to be used for, or to facilitate illegal activity, including drug-related illegal activity, regardless of whether the individual engaging in such activity is a member of the household.
4. TENANT(S) or members of the household will not engage in the manufacture, sale or distribution of illegal drugs at any locations, whether on or near the dwelling unit premises, or otherwise.
5. TENANT(S), any members of the TENANT(S)’s household, or a guest or other person under the TENANT(S) control shall not engage in acts of violence, or threats of violence, including but not limited to the unlawful discharge of firearms, prostitution, criminal street gang activity, intimidation, or any other breach of the housing agreement that the otherwise jeopardizes the health safety or welfare of the LANDLORD, his agents, or TENANT(S).

1. Storage of hazardous materials. TENANT(S) shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by LANDLORD(S) insurance company.
2. Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress.
3. Not leave windows or doors in an open position during any inclement weather;
4. Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony nor air or dry any of same within any yard area or space without the prior written consent of the LANDLORD.
5. Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of the LANDLORD.
6. LANDLORD permits TENANT(S) to furnish their unit with a real Christmas tree and other Christmas related décor as long as they dispose of it properly at their own cost. When TENANT(S) are ready to dispose of their Christmas Tree, please use a Christmas Tree disposal bag to remove it from the property. Disposal bags can be purchased at stores such as Home Depot, Lowes, etc., and are relatively inexpensive. Please clean up any needles or other debris that may fall from your tree in the common areas during removal. Christmas Trees may not be disposed of on site. The trash removal vendor will not take them. If you are a resident of the City of Worcester, you may drop off your tree at one of the three locations listed on the City of Worcester's Website. Please see the link below for further tree disposal information: http://www.worcesterma.gov/tra...
7. Nothing may be placed on or outside your unit door without written consent of the LANDLORD.
8. No satellite dishes may be affixed to the property without Landlords written consent.
9. Cable / phone company installation – TENANT(S) are required to notify the LANDLORD of any installation with 48 hours written notice. In order to preserve the aesthetics of the property, the LANDLORD may require the cable / phone company to install a certain way.
10. Candles – TENANT(S) are required to monitor any lite candles or incense. Under no circumstances is it acceptable to leave a lighted candle or incense unmonitored for any length of time.

Violation of Agreement

1. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL VIOLATION OF THE RESIDENTIAL LEASE AND GOOD CAUSE FOR TEMINATION OF TENANCY. A single violation of any of the provisions of this addendum shall be deemed a serious violation and material non-compliance with the housing agreement. It is understood and agreed that a single violation shall be good cause for termination of the residential lease. Unless otherwise provided by law, proof of violations shall not require criminal conviction, but shall be by the preponderance of the evidence.
   
   

Conflict of contracts

1. In the event of a conflict between the provisions of this Addendum A and any other provisions of the Standard Residential Lease, the provisions of this addendum shall prevail.

Governing Law

1. The enforcement, interpretation, and construction of the Standard Residential Lease and Addendum A to Standard Residential Lease, as well as all matters relating hereto, shall be governed by federal law, and in the event that federal law is silent or inapplicable, as federal law permits, the laws of the state in which the property is physically located shall apply.
2. If any provision of this Agreement or the Standard Residential Lease is held to be illegal, invalid or unenforceable, (a) the legality, validity and enforceability of the remaining provisions of this Agreement and the Standard Residential Lease shall not be affected or impaired thereby and (b) The invalidity of a provision in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

Attorney Review

1. TENANT(S) acknowledges that the TENANT(S) has had the opportunity to consult with its legal counsel regarding the Standard Residential Lease and Addendum A to Standard Residential Lease.

LANDLORD-TENANT(S) Communication

1. TENANT(S) shall communicate with LANDLORD via:
   1. a. For maintenance items and questions during business hours (Monday - Friday 9AM-5PM) please call
2. b. For notice provisions, please mail documents to:
   
   
   Worcester, MA 01604.
   
   
3. c. EMERGENCY LINE For anything that can be handled via email:

I've got an updated lease addendum if anyone is interested? By no means is it vetted by an attorney so if you do adopt it, please do so at your own risk.

You may want to explore the state sanitation codes. To the best of my knowledge there is a person per sqft limit. You can make everyone over the age of 18 apply for tenancy. So in CT you can charge up to two months rent for security deposit (some exemptions such as elderly and veterans I think – double check). You can make a policy that you request it and case by case bases settle for one months' worth. Additionally, I would suggest that you add a clause that allows you to sub-meter their unit during the lease with a reduction of X annually off the rent so they cant beat you up on water/sewer bills. A family of 7 would destroy my ROI on water/sewer charges.

Is there anything we can add to our lease addendum to prevent disgruntled tenants from abusing the use of water? Without going through the cost of separately metering, is there any way to protect ourselves? What's to stop a tenant from turning on the tub before work and letting it run ALL DAY?    

Does anyone have an occupancy limit on their lease to prevent too many people visiting? Is this legal in MA?

Yes, I originally had a 1M policy min in there. It was flagged right away as discriminatory towards those who can't afford to do 1st last security and a insurance policy. . Then we discussed why to make them get insurance...  

 Pavel, I have not done a section 8 lease yet, however all others are MAR standard Residential Lease with this as an addendum. 

 Hey Brian, after talking with my attorney, she pointed out that it is no benefit to be and only to them. If I force them to get a policy like the 1M I had in there before than it could be discrimination.