All Forum Posts by: Steve Nowak

Brandon, here is some information about late fees under North Carolina law:

Under North Carolina law, a late fee when rent is due monthly cannot be higher than $15 or 5% of the rental payment, whichever is greater, and may not be imposed until the rent is 5 days late. A late fee may be imposed only one time for each late rental payment. A late fee for a specific late rental payment may not be deducted from a subsequent rental payment so as to cause the subsequent rental payment to be in default.

Thanks Bill.  Massachusetts does not allow for pet fees, pet deposits, or pet rent.  That said, landlords here can certainly negotiate a higher rent if pets are allowed.  I agree that pet screening is important.

Dawn, those are good tips.  I follow most of them for my open houses.  I also keep a reed diffuser on the fireplace mantle.  It looks like and makes the place smell like Pier One!

I once allowed my tenants to have a cat and a dog in my condo.  One of them urinated on and ruined the wall to wall carpeting.  After they moved out, it took a lot work to clean the place: pet hair was everywhere, including in the refrigerator!  I later found out that their dog attacked another woman's dog, resulting in significant vet bills.  The woman had these covered by her pet insurance, and didn't go after the tenants or me (and didn't report the incident to the condo board).  Given that experience, I've gone to a no-pets policy.  The rental market in my area favors landlords now, so the policy doesn't impact my ability to get the condo rented.  That said, if I ever were to allow pets again, I would be sure to have very strict provisions in the lease to protect myself if the pet causes damage or injury, and to allow me to revoke permission to have the pet.

Also, as Mike indicated, it may be easier to pursue a "no-cause" termination, if the agreement is a tenancy-at-will rather than a fixed-term lease.

For violations other than non-payment of rent, whether you can evict and the timeframes depend on the terms of the lease.  A lot of Massachusetts leases allow termination by notice of just seven days.  (For non-payment of rent, it's at least fourteen days).  As others suggested, you should consider talking to an attorney.  Massachusetts law is very pro-tenant, and one small misstep can cause you a lot of expense and headaches.

I'd recommend the book "Landlord's Legal Guide in Massachusetts", by attorney Joseph DiBlasi.  It has a lot of important information, as well as standard lease forms.  If you don't want to buy it, you should be able to get it from the library.

My first tenants had a dog and a cat, and one of them urinated on the carpet and ruined it.  I also found out, after they moved out, that their dog attacked a neighbor's dog, which resulted in significant vet bills.  Fortunately for me, the tenant and the neighbor settled out of court.  Given these experiences, I have gone to a "no-pets" policy.  If you do decide to allow pets, be sure to have language in the lease that protects you financially if the pets cause bodily injury or property damage to you or anyone else. 

My last tenants' dog or cat urinated on the wall-to-wall carpeting, which I had to replace.  After they moved out, I found out from a neighbor in the condo community that their dog attacked her dog, and caused significant medical expense.  She used her pet insurance to cover the costs, and didn't go after me or the tenants to reimburse her.  As a result, I no longer allow pets.

My advice to any landlord who allows pets: be sure to have very strict provisions in the lease so that the tenant will have to indemnify you against damage to the property and claims by third parties relating to any act of the pet.  Do frequent inspections of the property.  Give yourself the right to revoke permission for the tenant to have the pet.

By the way, I do like pets (I have three of them), but not on my rental property!

Hi Kyle, the contract does not need to be notarized in order for it to be legally binding.  If you plan to do your own lease, be sure to familiarize yourself with Massachusetts Landlord/Tenant laws.

http://www.mass.gov/ago/docs/consumer/landlordtena...