Why Property Maintenance is Important: Tenant Rights and Landlord Responsibilities in Massachusetts

If you are a Massachusetts landlord, proper maintenance of your real estate investment will keep your property in good shape and also avoid friction between you and your tenants. 

If you are a Massachusetts tenant, it is useful to know your rights so that if your landlord fails to maintain the property you are living in, you are aware if what steps you can legally take to remedy the situation.

Whether you are a landlord or a tenant, you can use this article to better understand landlord and tenant responsibilities and rights in Boston, MA. 

Why Good Property Maintenance Makes Both Parties Happy

If you are a landlord and your tenants are satisfied with the way you maintain the property they call home, they are more likely not to be late with their rent, to take care of their units, and to renew their leases. You, as a landlord, will reap the benefits of low tenant turnover (resulting in fewer vacancy days) and a more consistent cash flow.

Property Maintenance Tips for Boston Landlords

Seasonal inspections and maintenance and taking care of small problems promptly before they turn into bigger ones will save you money over the long term.

A good idea is to set aside one or two months of rent per year (more for an older property) to cover maintenance costs. If you have a vacancy, make sure the rental unit is up to code and appealing to prospective new tenants so that it rents quickly.

Your Obligations as a Massachusetts Landlord

As a landlord in Massachusetts, your responsibilities include the duty to provide the following:

• Habitable premises in good repair and free from infestation.
• Adequate heat, electricity and hot water.
• Necessary kitchen appliances in good working order.
• Good plumbing and working toilets.
• Maintenance of all exits to the property which should also be free of obstructions.

For a more detailed explanation of your duties, please consult the Massachusetts Consumer Guide to Landlord Rights and Responsibilities.

Your Rights as a Massachusetts Tenant

All tenants in Massachusetts have the legal right to live in a rental property that is kept in good condition and meets basic standards with respect to Massachusetts health and safety regulations.

If your landlord fails in his responsibilities to fix major problems, such as a broken heating system or a leaky roof, you have legal rights, including:

• Withholding rent until repairs are made.
• The right to “repair and deduct” – i.e., you can hire someone (such as an electrician or a plumber) to fix a serious defect in your rental unit (or buy what is needed to make the repair and do it yourself) and deduct the cost from your rent.

To read about your tenant rights in more detail, please click this link to the Massachusetts Consumer Guide to Tenant Rights and Responsibilities.

What Massachusetts Tenants Should Know Before Making Rent Deductions

Before deciding to withhold rent or take advantage of repair and deduct, make sure that the circumstances justify your taking the action. You need to know the following:

• What maintenance emergencies are more important than others.
• When a lack of maintenance qualifies for rent withholding or repair and deduct.
• The length of time you must give your landlord to fix the problem and what written notice to give him before you can take action.
• How much rent you may withhold or deduct, how often you can do so, and whether you need to pay the withheld amounts into an escrow account.
• What your protection is from landlord retaliation (e.g. terminating your lease, raising your rent, or locking you out of your apartment).

Remember to Check Local Boston Rules

Local housing ordinances for your particular Massachusetts town or city should be consulted for regulations covering tenant rights.

Find your local building or housing authority by contacting your mayor or city manager’s office or viewing your city or county website.

Find a Good Property Management Company in Boston

Premier Property Solutions can take all the worry about managing your Massachusetts rental property off your hands, including the handling of maintenance requests from your tenants.

We will take all the burden of maintenance off your shoulders ensuring that maintenance issues are taken care of efficiently and promptly and that you have happy tenants. Please contact us to see how we can make your life as a landlord a lot easier.

How to Spot a Good or Bad Property Manager - Before You Move In!

When choosing a rental home or apartment, there are several aspects of the property that you want to examine critically. 

Most important is that the management company does a great job caring for the property, handling any issues, and dealing with you professionally to ensure your rental period is enjoyable. 

In this post are important tips to find you a great property management company before you make the big commitment to move in.

What to Look for in a Good Property Manager

Finding a great property management company is not too difficult; ask for referrals from people you know and read online reviews. Look for positives and negatives and get information from a range of sources so you are sure it’s not biased.

Take your time to research your potential home in detail and identify any red flags. This will save you wasted time in the future if you learn about the bad habits of your property management team when you've already entered a lease agreement with them.

Finding an ethical property management company should always be your goal. This means you’ll have a certain level of trust that they will handle any problems and deal with you fairly throughout your lease term.

Learn our best questions to ask during your property screening...

Interview Questions When Meeting a Potential Property Manager

We hope the following questions will assist you on your search for the best property manager in Boston. Bring these questions with you to ensure a property screening.

• How long have you managed this property? Or, how long has your company managed properties in general? Look for a company with experience managing properties.

• What kinds of property do you manage? You want a management company that works specifically with the kind of home you want because different properties have different management needs. 

• What insurance do you carry as a management company? Expect a good property management company to carry general liability insurance that would cover anyone who is hurt on the property. Also, a legitimate property management company should have errors & omissions (E & O) insurance. E & O insurance covers the manager in the event of a claim of negligence, and can keep the community solvent. 

• How many property managers do you have, and how many units does each manage? Less than 50 to 60 units per manager is best to ensure the management company has the capacity to handle any repair issues and customer service for tenants. 

• Can I see a copy of your lease? Read over the blank lease, with an eye toward any issues that you might not have already discussed. Likewise, look for any phrasing that appears to conflict with what you've heard from the property manager. Actively ask questions!

• 

  How often do you have to evict someone? Hopefully, the answer here is very seldom. Good property managers don’t typically have to evict well-screened tenants.

• How do you screen tenants? A criminal background check is the most vital, but speaking to previous landlords is often telling as well, as is a credit and employment check. Fully employed, responsible adults make the best tenants and neighbors.

• How can I pay my rent? Can I drop it off at the office, even when closed? Is there a dropbox for checks? Can I pay it online via the company website? Having a number of options makes it easier for you overall, and the best property managers know that keeping their tenants happy is crucial.

• When is the rent due? Is there a late fee, and if so, when is that due? Understand your responsibilities, and what the management company expects, so that you comply with your lease.

• What do you do for routine maintenance of the property? Do you perform regular inspections? Pest control service? Lawn, landscaping or snow removal services? Know what is and is not included in your rent so you can estimate your overhead accurately.

• What is your repair process? How quickly can I expect a problem to be handled? Their answer to this should not be vague, and they should be able to commit to a certain timeframe, such as “Within 24 hours”.  

Watch Out for Red Flags of a Bad Property Manager

Drive by some of the properties the company manages; you can tell by looking at a complex whether you could expect a clean condominium in many cases. If they are not in good shape and well-cared for, that’s a definite red flag.  

Likewise, if talking to current tenants gleans less than glowing opinions of the management company, that’s another red flag.

In particular, if they talk about things not being fixed, noise at night, dirty common areas, trouble getting your security deposit back, and finding somewhere better to live when their lease is up - red flags!

How Can I Find the Best Property Manager in Boston?

Are you looking for the best property management company in the Boston area? Well, look no further, because you have found Premier Property Solutions.

 We manage properties all over the area, so no matter if you prefer close to the action at Fenway Park, or in the Back Bay area, we have you covered. 

Give us a call at 617.345.0045 and let’s find your new home, today!

How to Get Your Security Deposit Back in Boston, MA

Getting Your Security Deposit Back in Boston: A Move-out Checklist

A security deposit is a TON of money! No one wants to sacrifice that sum if they can help it.

This article will provide a checklist of steps which you can use to ensure that you get your security deposit returned when your tenancy ends with a property management company in Boston. 

By following these guidelines, you should receive the full amount of your original deposit, and perhaps be able to use that money as a security deposit for your next place of residence.

What is a security deposit?

A security deposit is a dollar amount which is paid to the landlord by a renter, generally equivalent to the first month's rent, although it could be more or less.

It is intended to cover any damage to an apartment, home, or another residence which exceeds wear and tear which might be expected during normal living at the premises. It also serves as a substitute for rent money in the event that a tenant abandons the premises without paying.

What are common reasons for a landlord to withhold a security deposit?

If a tenant skips out without paying the last month's rent, a landlord is well within his rights to keep a security deposit in lieu of that unpaid rent money.

Apart from this, deductions can be made to the deposit amount for anything considered to be above and beyond normal wear and tear during the term of the tenants' residency.

A partial list of deductions from a security deposit may include the following:

• stains or cigarette burns in carpeting or on curtains
• water damage on walls, floors, or furniture
• missing appliances that came with the rental, e.g. microwave oven
• damaged washer/dryer
• damage done to doors or windows
• holes or abrasions on walls, doors, or floors
• excessive damage caused by pets
• abandoned furniture that you decided to leave, the landlord must pay to remove
• excessive filth, which landlord is obliged to clean up prior to next rental

According to Massachusetts State Law

A landlord is entitled to withhold a security deposit when damages beyond normal wear and tear have been sustained by the residence.

The landlord must give the tenant an itemized list of the costs of damage. If a tenant should willfully or maliciously destroy either personal property or real property under the control of the landlord, the security deposit can legally be used to repair the damage.

Security deposits held by a landlord must be maintained in a separate, interest-bearing account for the duration of the tenancy, and a receipt must be provided to the tenant within 30 days of deposit acceptance.

This receipt must include the name and location of the financial institution where the deposit is being held, along with the amount and the account number. If these terms are not complied with by the landlord, immediate return of the security deposit becomes mandatory.

Move Out Checklist to Ensure Return of a Security Deposit

Of course, the most obvious thing you need to do to ensure the prompt refunding of your security deposit is to avoid damaging any part of the residence while you are an occupant.

Assuming you haven't trashed the place somehow, here are other steps you should follow:

• Know the details of your lease - The number one way to lose a security deposit is by violating the terms of your lease, so make sure you have read and understood everything in your lease agreement, and that you abide by those terms during the period of the tenancy.

• Make cleaning a priority - Prior to departure, set aside a day where you conduct a thorough cleaning of the residence, making sure that it has been returned to the same condition, as nearly as possible, as it was when you first occupied it.

• Arrange a Landlord walk-through - Arrange for a walk-through with your landlord, perhaps a week before you intend to leave. At this time, ask about any potential deductions from your deposit, so that you might still have time to remedy them. This should be a courteous exchange between you and your landlord, ideally a session in which you both agree on the condition of the residence, as compared to its original status.

• Document the condition of the residence - Take pictures when you move out to have documentation of the exact state of the residence, should any subsequent disputes arise.

Choose the Right Property Management Company to Ensure Compliance

Choosing the right property management team in Boston ensures that all security deposit matters are dealt with fairly. If you believe that your property management company has not followed the laws for returning a security deposit in Boston, you may need to seek legal help.

Having good conduct as listed above will prevent you from giving the management any reason to hold onto your security.