All Forum Posts by: Michael Zack

@Steve Bracero How do I sign up for masslandlords.net? I'm on the website, but I'm not being asked for payment and it won't let me submit the request to sign up for a membership.

Thanks @Steve Bracero. I'm going to buy the masslordlords forms and have a lawyer look the lease over. Do you think I need a real estate specific lawyer to look it over? I have several lawyers in my family, but none that are specifically RE attorneys.  

Working on finding a lease for my first ever tenant and I want to make sure I get it right the first time. Does anyone have experience with the landlord forms that BP offers? I also came across masslandlords.net that is the same price and offers a wide range of forms as well. Any insight is greatly appreciated!

I have someone interested in my apartment, but when I told her there was a $50/month pet fee she emailed me back saying that pet fees in MA are illegal. She attached the following link: https://www.kelly.properties/2018/02/17/can-a-land...

I've done my due diligence this morning and the 2014 court case that the article references, Perry v. Equity Residential Management, LLC, states that "Landlords can ONLY charge First Month, Last Month, Security Deposit equal to one month rent and a lock fee." In regard to the monthly pet fee, the judge comments, "The monthly pet fee is not incurred up front, but rather each month during which the tenant owns a pet. Because plaintiffs became obligated to pay the fee after they were already tenants, they may not turn to section 15B(1)(b) for relief."

So according to this court case, monthly pet fees ARE NOT illegal. However, I then read court case Broad Street Associates v. Stephen Levine (2012), where the judge ordered the landlord to reimburse the tenant the extra amount that were paid in pet fees. "The landlord does not characterize, or attempt to justify, the non-refundable $50 monthly recurring “pet fees” at issue in this case as “additional rent.” Nor does he offer any economic or other explanation or justification for the fees. The tenant argues that the landlord’s imposition of the $50 monthly recurring and nonrefundable “pet fees” is simply an unfair and deceptive device that is intended to circumvent the statutory limits placed on the amounts and types of payments that a landlord may charge under the Security Deposit Law, Gen.L. c.186 §15B(1) (b) and (d) ."

To me it seems like its a matter of opinion on the judge's part. The judge in the 2014 case stated that he/she didn't agree with the judge's ruling in the 2012 case. It sounds like a monthly pet fee (if rolled into the monthly rent) is not illegal. Can anyone provide insight around this situation?

@Christi Hawkins Thanks Christi! I'll definitely take this approach if she decides to move forward.

@Account Closed This is great information. Thanks for the response!

@Edward R. Should I just ask her if she has any additional sources of income?

@Tom S. This was the response in her email :"My situation is unique, my mother takes care of the rent (god bless her heart for real!) And am familiar with the income and acid papers I need to provide with her information. I have a good and solid credit score along with a great track record with my previous landlords."

I wouldn't be encroaching by asking her why her mom pays her rent? Any idea what she is talking about "acid papers"? Maybe a typo or auto-correct?