April is Fair Housing Awareness Month

Massachusetts is one of a majority of states that has its own fair housing law.

If you're renting or looking for an apartment in Massachusetts, you're covered by the Fair Housing Act (FHA), a federal law, which protects tenants and prospective tenants alike from illegal housing discrimination based on the following protected classes:

race
color
religion
national origin
sex
disability
familial status.

In addition to these protected classes, Massachusetts offers legal protection based on:

Sexual orientation ("which shall not include persons whose sexual orientation involves minor children as the sex object")
age (greater than 40 years)
genetic information
ancestry
marital status
veteran status
military status

To be clear it is illegal to discriminate against any of the above mentioned groups. Should you find yourself excluding the people in these protected class you could wind up in court.

DONATIONS NEEDED for LOCAL YOUTH

The Salem Police Department's Community Impact Unit recently contact The Greater Salem Landlord Association to raise funds for Easter Basket Raffles during an Easter Breakfast for local youth sponsored by the Salem Police at Fintz Restaurant in Salem on April 7th.

As members of GSLA you have always been so generous in donating to this the Community Impact Units program. The progress at the TRC has been tremendous. Salem Police have implemented a music program, teen groups, food giveaways and community service to highlight a few. The funds you donate go along way in making a big difference. Contact me directly on where to send your donation

By Popular Demand: Evictions 101

In Massachusetts, evictions are called “summary process.” According to the rules governing eviction cases, summary process is supposed to be “just, speedy, and inexpensive.” In practice, however, summary process can be anything but that. Especially since Massachusetts is one of the most tenant friendly states in the country, and an eviction can be costly, frustrating and unfair. In most cases, it can take many months to evict a tenant. So let's first discuss grounds for an eviction.


1. Non-payment
There are several common grounds for evicting a tenant. The most common is for non-payment of rent. In these cases, the landlord must send the tenant a statutory 14 day “notice to quit” before starting the eviction process. The notice to quit must be drafted carefully, and the best practice is to have it served by a constable or sheriff to ensure proof of delivery.

2. No-fault
Another common ground for eviction is for termination of a tenancy at will, otherwise known as a no-fault eviction. Again, a 30 day notice to quit must be served on the tenant before commencing an eviction. Landlords often trip up on this type of notice with short months. In practice, judges will often give tenants in no-fault evictions a bit more leeway in terms of vacating the premises.

3. For cause
“For cause” evictions encompass the range of bad behavior by tenants in violation of lease provisions. It could be illegal activity, drug use, excessive noise, uncleanliness, harassment of other residents, non-approved “roommates” and the like. Like all other evictions, the landlord must issue a notice to quit to the tenant stating the specifics of the offenses. “For cause” evictions are the most involved of all evictions as the landlord must offer proof by way of live testimony of the tenant’s violations of the lease. Getting police officers to show up for an eviction hearing can be challenging. For drugs and other illegal activity, Massachusetts also has a special expedited eviction process.

Once you have determined the grounds for eviction you will need to prepare going to court
Starting an eviction requires the preparation and service of a Summary Process Summons and Complaint. You can choose to file your case in the local District Court or the Housing Court which is specialized to hear evictions. The Housing Court fees are less expensive, but can be busier. Some Housing Court judges have the reputation of being tenant or landlord friendly as well. Some would probably be happier retired and playing golf.

This can be the start of frustration for the landlord, as the tenant has a right to file “discovery” – formal request for information and documents – from the landlord, which will automatically delay the hearing for two weeks. The tenant also may assert defenses and counterclaims against the landlord. These can range from improper notice or service, unsanitary conditions, no heat/hot water, failure to make repairs, retaliation, discrimination, and violations of the security deposit law—which carries triple damages and attorneys’ fees. (See my prior post on deposits). Regardless of the merits of such claims, these defenses and counterclaims make the eviction process more complicated and time-consuming.

Eviction sessions are very busy. In some courts, there are over a 100 cases stacked up on any one day and only one judge to hear them all. Accordingly, the courts will encourage parties to work out their differences on their own through mediation. There are many advantages for landlords to mediation and I almost always recommend giving it a try. The end result of a mediation is for the parties to sign an agreement for judgment. In a non-payment case, you can structure a payment plan and/or voluntary move-out. For a “cause” eviction, you can provide for a “last chance” agreement or move-out. The major benefit for landlords is that an agreement for judgment becomes a binding court order and the judge is supposed to (in theory) enforce it upon proof of a violation. It also shows the judge that the landlord has been reasonable and accommodating.

Outrageous Things Tenants Say as Excuses

Most landlords are quick to say that they have many good, reliable tenants. If not, they’d find another business; tenants are their livelihood. But then there are the rest, that tiny percentage of renters who can’t seem to get it together and aren’t quick to fess up.

And what kinds of things do these tenants say? Below are some favorites from landlords. Tenants take note: If you hear these lines start to come out of your mouth, stop and think a moment. Another strategy — the truth, perhaps — might prove more effective.

It’s not a dog; it’s a barking cat.’
Hmmm … are you sure you want to make that your final answer?

This was Barry Maher several years ago in Santa Barbara, Calif., where he owned a small apartment building. Dogs were not allowed, as outlined in the rental agreement. Cats were.

However, shortly after a young woman moved in, her neighbors complained about barking in the apartment. Maher called the tenant.

“She said, ‘Oh I would never have a dog. But what I have is a special breed. It’s a very rare thing; it’s a dog cat ... a mix of a cat and a dog.’

“It was so blatant and so crazy that I actually spent a moment thinking, ‘Is there really such a thing as a dog cat?’ ” Maher recalled. “And I’m really not an idiot.”

‘But you said I could paint it.’
Did you not know that it’s usually just walls that get painted? And in a color that’s possible to paint over? The entire apartment was purple. The ceiling, the walls, the whole entire apartment was painted lavender,


‘My grandmother died ... again.’
That’s strange: According to our files, your grandmother has died six times recently. At least according to the reasons you’ve provided each time you couldn’t pay the rent.

The sudden need to pay for a funeral is a common claim for a tenants inability to pay.

‘I have to move out. I’m allergic to pet dander.’
How is it, then, that you work as a groomer in a veterinary clinic?

The problem is that once people sign a 12-month lease, there are very few ways to break it. So tenants must come up with their own — at times creative — reasons about why they must leave.

‘The check may have bounced, but at least I paid.’
Actually, mailing a check that isn’t backed by real money isn’t quite the same thing as paying the bill. In fact, it’s not the same thing at all.

‘I was the victim of identity theft.’
OK, that would seem valid, given your bad credit. Except for this catch: Your credit was just as bad before the date your identity was allegedly stolen.

This is a reason frequently given by prospective tenants to explain their poor credit, as well as by existing tenants unable to pay the rent.

‘You can’t come in. There’s too much cash in my bedroom.’
Um, could you put it somewhere safe before we arrive for the inspection?

This tenant apparently didn’t want to an annual walk-through. But this isn’t the best way to keep visitors out. Perhaps the tenant put valuables out of view and entered as scheduled.

‘Someone threw a brick through my window.’
But something’s missing — namely, the glass. Oh, look, it’s on the outside.

“Unless the laws of physics don’t apply here, the window was broken from the inside out, not the outside in,”

‘The ceiling is dripping and we don’t know why!’
Well, do you think the drip might have something to do with the fact that you turned the roof into a swimming pool?

The tenant left clear evidence that it was they who had caused the very leak about which they were complaining. The roof was intentionally flooded and the tenants’ names spray-painted on the tiling next to the words, “Welcome to Silver Beach.”

The roof had a silver-oxide coating and a thigh-high shoulder wall along all the edges. The culprits had plugged the drain with a candle and flooded the entire roof, about the size of a standard swimming pool.

‘The electricity is out and I don’t know why!’
So you say that the power flipped off right after you turned on the microwave, the hair dryer and the toaster at the same time? Do you know anything about circuit loads?

‘See, the walls are almost the same color.’
Gee, I’m sorry that you ran out of paint, but I’m going to have to finish each wall before re-renting the apartment.

My dog ate it
Really?!

Always keep in mind you need to have a sense of humor when dealing with tenant. Especially if you’re going to have more than a couple rental units. You can’t take this stuff personally.”

How Tenants Can Cost You $$$$$

There are essentially three ways that a tenant can cost landlords money:

1. They don’t pay their rent,
2. They cause damage to the rental property, and
3. They sue the landlord.


When screening tenants, most landlords only consider the first of these ways a tenant can cost them, and particularly prudent landlords verify their income (to see whether they CAN pay the lease agreement) and their credit history (to see if they WILL pay the lease agreement). Choosing a tenant with a stable job history, sufficient income, and strong credit history goes a long way in weeding out the tenants who are likeliest to default on the lease agreement, but doesn’t even consider the other two potential problems.

When interviewing the rental applicant for the first time, ask indirect questions; most potentially bad tenants are smart enough to lie and give the landlord the “right” answer, but as a landlord you can arrive at the information you need indirectly. First, after asking what the tenant does for a living, ask them “how they got into that,” instead of asking how long they’ve been doing their currently line of work. A tenant who apprenticed with his uncle to become a master carpenter will tell the story about how his uncle was a wizard with anything made of wood, and how they always wanted to learn how to do the same, so they apprenticed with him ten years ago and learned the trade. A tenant who fell into being a handyman to pay the bills will say something about just falling into it “a few years back to make ends meet,” and could be a far less reliable tenant.

Ask rental applicants about their current landlord. If they say “Oh yeah, Bill’s all right, the house just got to be a little small for our family,” that’s an extremely promising sign, and shows that they are not inherently antagonistic towards landlords. Rather, if they answer “That @#%hole wouldn’t fix anything, and that house was a dump, blah blah blah,” then you’ll know right there that they have a history of antagonism towards their landlord (warranted or not is irrelevant), and they will be more likely to be antagonistic towards you.

Also ask rental applicants about their current residence. How long have they lived there? How’s the house? What made you decide to move? If they complain a lot, beware. If they mention anything that smacks of a lawsuit, do NOT sign a lease agreement with them. Watch for words like “mold,” “lead paint,” “unsafe” or “unfit,” and anything else that sounds litigious.

Before signing a lease agreement, ask to walk through their current residence. How does it look? How have they kept it? How much “wear and tear” have they caused? Does it look like they take pride in it? Would you want your property to look like this one, a few months after signing a lease agreement with the tenant?

Finally, run a civil case search on the rental applicant, to check for any civil cases they’ve been involved in (whether as the plaintiff or defendant). As a general rule, avoid signing a lease agreement with any rental applicant who has ever been involved in a lawsuit, unless it’s both unrelated to landlord-tenant issues and doesn’t say anything about their character.'

It takes years of hard work to build up a rental property portfolio, and only one bad tenant to ruin all of it with a lawsuit. Screen your tenants well, and when you make a mistake (as everyone does, from time to time), your tenants won’t sue you, because you made sure not to sign a lease agreement with sue-happy, opportunistic tenants.

From A Tenants Perspective: Questions To Ask

Lifehacker – Find the Perfect Apartment for You by Asking the Right Questions

Recently I was reading an article on the popular blog Lifehacker giving advice on how to choose the “perfect apartment”. Now, the entire article is a good read (I recommend you do read it, as it’s always a good idea to put yourself in the shoes of your tenants), but the section I’d like to address here is under step 4: “Show Up to Your First Viewing with Questions In-Hand”. Here’s a list of the questions the article tells the applicant to ask you, and how I think you can address them to better appeal to the desirable and informed tenant.

Do all of the appliances work? Of course they do, you would never consider trying to rent the place with broken appliances, right? But how do you know they work? You basically have two ways to answer this question: “Yes, I know they work because the previous tenant never complained”, or, “Yes, I tested everything when readying the unit for the next tenant.” Which would you rather hear? Now is also a great time to bring up any new appliances or improvements you’ve made. Answering, “Well the stove worked well but was getting old, so I installed a new one”, shows you’re the type of landlord that acts on things before they become a problem. You can also use this as an opportunity to instill a sense of ownership in the appliance by the tenant. Asking them to be mindful of any problems and tell you immediately if they notice anything wrong so you can get it serviced quickly under warranty, will likely having them treating it as their new appliance and helping you head off any problems while it’s still a cheap fix.

Are there any major repairs coming up in the next year? Much like the appliance question, this gives you a great opportunity to show what you’ve done to ready the unit for its new tenant. If you haven’t done anything, thinking about having to answer this question should encourage you to go ahead and make the necessary repairs. There’s a good chance that it’s time to replace the carpet, and at the very least you should have painted or be planning on doing so. In fact, if you haven’t painted, consider telling the applicant that you like to wait until you get a tenant and then allow them to have input on the colors. It’s a great way too; once again, help the tenant feel a pride of ownership and feel at home. Of course, you need to follow through if you promise this, but it takes something you should be doing anyways and presents it as a gift to the new tenant. If you are due for some truly major repairs (such as a roof replacement), being upfront shows respect for the tenant and will better gain their cooperation when it comes time to complete the repair.

What utilities are included? If they don’t ask this question, you should be sure to cover it anyway. Full disclosure and understanding are key to a professional and beneficial relationship between tenant and landlord. You should also think about what this question implies. What are comparable units in the area offering? Perhaps you should consider providing a utility such as Internet access included in the price. If you have affordable high-speed Internet access offered in your area and multiple units on the same property, offering shared Internet access could be a very inexpensive perk to offer. However, be sure to be upfront with the level of access you’re providing and its allowable use. Multiple units will not be able to stream high-definition movies at the same time over wireless (or at all, depending on the service you subscribe to). Likewise, illegal use by your tenants (such as illegally downloading movies or music) may cause your service to be shut off. So beware of the risks and have a clear terms of use included it in the lease. Other types of utilities you might choose to include should also be clearly detailed in the lease to avoid any confusion.

Who will be responsible for maintenance and repairs? Unless you’re a landlord for the first time, you should already have a procedure in place for repairs, emergency and otherwise. Be prepared to answer this question clearly and refer them to the section in the lease that governs it. You don’t want to be having an argument over the phone at 3AM because of a misunderstanding about “what you said” months earlier during the application process. If for some reason you couldn’t answer this question right now, you need to figure it out fast. Something will eventually happen, and if you’re not prepared then everyone will be very unhappy.

Who’s responsible for pest control? This was a pretty good question and one you might not expect. The answer may depend on the pest in your situation. For instance, you obviously want to know about termites, but the tenant should deal with ants. Or perhaps you’ll deal with everything, but they eat the cost if they attracted the pest (getting ants because of a dirty kitchen, or a mouse infestation because they were breeding mice which escaped). Whatever your choice, think about it and be prepared with an answer and insert it into your lease. If you do regularly spray for pests (or hire a company to do so), know what chemicals are used and any potential safety concerns for pets or children. If they ask the first question, you’ll probably get that one too.

These were the questions covered in the article, but be prepared for anything. If you get a unique question from one of your applicants, I’d recommend for you to write it down and think about the ways you can improve your answer in the future. You can do other landlords a service by sharing them as well.


Article written by Fredrk Michaels

Like Money in the Bank: Hire a Constable

Why hiring a constable to serve paperwork to your tenants is a good idea.

Constable Ed Westhaver gave an informative presentation at the Greater Salem Landlord Association the the services offered by his company "Westhaver Constable Services" as well as the distinction between using a Constable versus a Sheriff.
Did you know:

A Sheriff's can only serve process in their county where as a constable can serve most process anywhere in the Commonwealth of Massachusetts.

The Sheriff's Department is a large organization with hundreds of services to do each week making it difficult to get prompt service where as a constable's office much smaller and can give you more personal attention and prompt service.

Sheriffs can serve Summary Process and Evictions anywhere in the county where as a constable can only serve Summary Process and Evictions in towns that they are appointed but have a network across Massachusetts to help you get it done.

The Sheriff's Department will serve the process the way they receive it, whether it is filled out correctly or not

A Constable will review each service to make sure that everything is in order and notify you if there is an issue so it can be corrected before service is made.

benefits of using a constable throughout an eviction procedure. I can speak from personal experience when I say it's like having money in the back

In addition to clarifying the difference between a constable and a sheriff, Ed also reviewed the intricacies of Massachusetts eviction procedures. It is critical for a landlord to understand the complexities of when and how to serve an eviction. By hiring Westhaver Constable Services is only makes the task of an eviction easier to deal with. Using a specialist such as Ed Westhaver is like having is like having money in the bank.

Ed Westhaver can be reached by clicking the links above or at Westhaver Constable Service 617-460-1199 or constablewesthaver@comcast.net

What You Should Never Do As a Landlord

In anger and frustration it's easy to take that little step that goes over the line between legal and illegal. Know ahead of time what you can't do because if you threaten, intimidate, or retaliate against a difficult tenant, you might find yourself in court with a very unsympathetic judge. State laws prohibit trespass, assault, battery, slander, libel, inflicting emotional distress, and wrongful eviction, and many states permit costly monetary judgments when a landlord is found guilty of these things. Landlords cannot:

Shut down utilities

Change locks to keep tenants out

Toss tenants' belongings out on the curb

Deliberately let the sewer back up

Take anything from the tenant

Harm tenants' pets

Threaten or intimidate tenants

Deliberately make excessive noise

As frustrating as it is to have a difficult tenant, the last thing you want to do is make things worse by losing your temper, inciting retaliatory reactions, or breaking the law. There are more subtle ways to encourage a tenant to move, preferably before you have to pay money for the eviction proceedings, and it might be worthwhile to try them.

References: What to say and how to say it

My former tenants frequently use me as a reference when they switch apartments. I think it is because I am both a landlord and a real estate broker; they think I can talk the talk.

Well I can, but a lot of the landlords and agents who call me can’t.

Here are the two worst types of reference check calls I get:

1.The caller doesn’t know who he/she are talking to:

I had an agent call me about a tenant who was moving out of my unit.
He: Was the room was clean when she left?
ME: she hasn’t left yet.
HE: Was there any damage after she moved out?
ME: She hasn’t moved out, so I don’t know.
After the second time, he got it that I could not speak about after the tenant moved out because the tenant was still there. He then asked questions that I could answer about paying on time and taking care of things.

2. The caller “leads the witness”:
I frequently get calls that go something like this:
HE: Sally Smith was a great tenant, right?
ME: good enough.
HE: She always paid on time.
ME: Pretty much.
HE: Any problems?
ME: What kind of problems?
HE: She was quiet, right?
ME: yes. HE: She left everything in good order.
ME: good enough.

When this happens (and it has a number of times), I get that sinking feeling that this mediocre tenant just got a new apartment. Rental agents do it, and so do landlords. The caller had already decided to take this tenant and wasn’t listening. He had plenty of room to ask for details; he avoided doing so. If the tenant was not a bad tenant, I don’t press the issue. If the tenant was a problem, I would have to force the information on him.

So, what should a landlord be asking and who should the landlord ask?

First, what.

You want information on consistency.
How long did the tenant stay in previous apartments and previous jobs? Was there a lease, did he/she move out before the lease was up? Is the tenant steadily employed? Punctual and reliable at work?

You want information about responsibility.
Did the tenant report problems in the apartment? Did the tenant over-report problems in the apartment? Does the prospective tenant take initiative at work? Is the tenant a good problem solver?

The financial stuff.
Of course, a landlord needs to find out that the tenant is employed at a level that supports the rent. You need to know the job is not about to end. You want to know that rent has been paid on time at his or her previous apartments.

Who you ask will have a bearing on whether you get useful answers:
Talk to previous landlords. The current landlord has an incentive to invite a troublesome tenant to move into your apartment.

Talk to supervisors at work, not just the human resource department. You will get at better idea of character that way.

One more thing: Be consistent. You must ask the same questions about any tenant or risk being charged with discriminatory behavior towards someone in a protected class. Write a script for yourself. Keep a record.

What does your script look like? You can do better than “He was a great tenant, right?”

Article originally posted by Rona Fischman in www.boston.com

What to do after a House Fire

Today was an especially busy day. A car explosion set my neighbors house on fire. 911 was called and Salem Firefighters arrived quickly on the seen to put out the fire to both car and house. Fortunately the damage to the house was centralized, The exterior of the house got the worst of it and the car was totaled. The experience not only left the home owner shaken but also all of us, neighbors about what could have been.

Here are 5 key things you can expect after a house fire and what you can do to prepare for them in advance.

Find a Temporary Place to Live
Unless your house fire was extremely small, your home will suffer extensive smoke damage throughout, even if contained to a single room. This smoke, coming from burning wood, plastics and other items in your home is toxic to humans and animals and should not be inhaled too long. Even if you think it's not that bad, you should really consider staying somewhere else until the the damage has been repaired - especially if you have young children. While some homeowners' and renter's insurance policies will pay for temporary lodging, most will not. This is an addendum to the policy that must be added before the fire happens that many people do not think of.

Continue Paying the Mortgage
Even if you have to move out of the home for a month or two while extensive repairs are being made and you are paying for another place to live like a hotel room or a temporary apartment, many banks and mortgage companies will insist that you stay current on your payments, though some may be generous and offer you a deferment. Don't count on it though, and be prepared to continue making your regular payments. You can prepare for this with a good emergency fund that includes the amount of your monthly mortgage payment in it.

Get an Advance on Your Personal Property Insurance
Once the insurance underwriter gets a look at the damage to your home - especially if you are put out of your house due to the extent of the damage, you can expect perhaps a 5%-10% advance on the maximum amount allowed by your personal effects coverage to help you with your living expenses until you can formally complete your claim and receive payment for your loss. If the insurance adjuster doesn't offer this to you up front, ask about it.

Provide a Detailed List Of Your Loss
This is the way personal effects insurance works: You suffer a loss, you produce the list of what you lost, how much you paid for it, when you bought it and what you expect its value is today. Most people severely underestimate how long the process is and how difficult it can be to remember and catalog all of their possessions. Sure you can think of your washer and dryer, fridge and television set and dining room table and couch, but what about all of the books on your bookshelves? Your DVDs? The toys in your children's rooms? Submitting a list with "200 science fiction paperback books: $1,000 estimated value" will get you exactly $0 in most circumstances. The best way to manage this expectation is to keep an inventory in advance (take a few weeks to do it) or use a camcorder to do a slow, video sweep of your entire house, thereby cataloging all of the items in it. Then store this tape off-site at a friend or relative's house.

The Insurance Company Will Likely Devalue Your List
If you have a $30,000 personal effects policy, for example, you may be tempted to come up with $30,000 worth of losses (probably harder than you think), and be done with it, but this will probably land you less than you expect. The insurance adjuster is going to take your list, go over it carefully, and then apply a depreciation formula to it, knocking something like 10% to 20% off of the final total that you've come up with. While this is no excuse to commit insurance fraud by outright lying by what items you have in your house, don't be afraid to tell the truth about an item's complete value, and think carefully about what items are worth. If you recently bought a $1,000, computer, for example, then put that down, but don't forget to add the $250 worth of software you bought and installed on it as well. Every penny counts - you can be sure the insurance company sees it that way.

This just in: Letter to the editor from GSLA member

Swampscott —
Editor’s note: The following letter was sent to our sister paper, the Salem Gazette, but concerned an article that also appeared in the Swampscott Reporter.

To the editor:
I am writing to in regards to an article you wrote in the Salem Gazette on March 2, 2012 called “Swampscott woman seeks to start a North Shore landlord’s association” where by you wrote “Devendorf, who owns Bay State/Sun State Realty, said there are similar groups around the state, but none on the North Shore.” She is hoping landlords from Marblehead, Salem Swampscott, Lynn, and Saugus will attend. …
This is very strange because I belong to the Greater Salem Landlord Association and have been a member since it was started by a fellow landlord Mary Woodcock five years ago. I also have met Stacey Devendorf at some of the GSLA meetings and she is a paid member as of 2012. How can she state that she knows of no other group in the North Shore? The entire article reads as if the GSLA doesn’t exist. When people are seeking resources they will not know about the Greater Salem Landlord Association. The other stange thing is that I am pretty sure that the Gazette has published articles in the past acknowledging the GSLA.
The GSLA has been built from the ground up by people who really care about their fellow landlords and making things better for both tenants and landlords.
Please set the record straight. Maybe you could write an article about the GSLA.

— Nancy Moore, Member of GSLA

Security Deposit: A Trap for the Unwary Landlord revisited

Several years ago the Greater Salem Landlord Association held an informative meeting about Security Deposits: "A Trap for the Unwary Landlord" that was extremely helpful in clarifying the Massachusetts General Law, Chapter 15b that governs the proper handling of security deposits.

A word of advice if you do not know the rules for handling a security deposits and are not interested in learning the rules, DON’T TAKE A SECURITY DEPOSITS. Any misstep in handling a security deposit by a landlord, however innocent, under the complex Massachusetts last month’s rent and security deposit law can subject a landlord to far greater liability than the deposit, including penalties up to triple the amount of the deposit and payment of the tenant’s attorneys’ fees.

If a deposit is necessary, take a last month’s deposit, the requirements of which are less strict than security deposits. Here is an overview of the security deposit law:

The following steps must be followed when a landlord holds a security deposit:

When the deposit is tendered, the landlord must give the tenant a written receipt which provides:
the amount of the deposit
the name of the landlord/agent
the date of receipt
the property address.

Within 30 days of the money being deposited, the landlord must provide the tenant with a receipt identifying the bank where the deposit is held, the amount and account number.
Within 10 days after the tenancy begins, the landlord must provide the tenant with a written “statement of condition” of the premises detailing its condition and any damage with a required disclosure statement;
The tenant has an opportunity to note any other damage to the premises, and the landlord must agree or disagree with the final statement of condition and provide it to the tenant.

The security deposit must be held in a separate interest bearing account in a Massachusetts financial institution protected from the landlord’s creditors.

The landlord must pay the tenant interest on the security deposit annually if held for more than one year.

The security deposit may only be used to reimburse the landlord for unpaid rent, reasonable damage to the unit or unpaid tax increases if part of the lease. Security deposits cannot be used for general eviction costs or attorneys’ fees. Within 30 days of the tenant’s leaving, the landlord must return the deposit plus any unpaid interest or provide a sworn, itemized list of deductions for damage with estimates for the work. Only then can the landlord retain the security deposit.

Adopting a Code of Ethics

While running the Greater Salem Landlord Association I have tried to instill a certain set of principles and standards that I have left here until now unspoken. I believe as a landlord that I have a commitment to maintain a high standard of quality and service to my tenants and colleagues.

I hope all members of the Greater Salem Landlords choose to adopt this code of ethics shared below:

To uphold the highest professional standards of integrity, honesty, and fairness.

To continually strive to better the industry by participating in and promoting education and professionalism

TO promote the spirit of, and comply with, all applicable Fair Housing Laws in order to achieve equal housing opportunities for all

TO properly maintain and safeguard all property under care, meeting or exceeding all appropriate housing and health and life safety codes, ordinances and regulations

To respect the rights of others by preserving and enhancing private property rights and the free enterprise system

To comply with all Federal, State, and Local laws and regulations pertaining to our industry

To function cooperatively with members and landlord affiliates.

Video: ZipWall Dust Barrier System Demonstration

After yesterday's post "Creating a Square Bubble" I had several request to see a demonstration of the Zipwall system. I hope once you see the product in action you'll understand why I love it so crazy much. Please note I do not work for the Zipwall company nor am I a paid endorser. I just feel that if you are involved in rehab construction that this tool is as essential as a tape measure.

Building a Plastic Square Bubble

I love making upgrades and repairing empty apartments. Any dust that you create doesn't end up being an a issue to anyone except you and the crew. However there are times when repairs need to be made on occupied premises or a long term tenant is due for an apartment spruce up. Until recently I would haul dozens of drop clothes, reams of plastic and rolls of low tack masking tape and proceed to block off and cover surfaces to keep an occupied apartment clean and dust free. But now...........

I finally invested in the "ZipWall Dust Barrier System" This has to be one of the best purchases I have ever made. For years I put off buying what amounts to 4 telescoping poles because I felt the "system" was too pricey. Boy was I wrong. The ZipWall system paid for it self the first day of use, which happened to be Today!

Set up was takes minute as opposed to a few hours of "securing the worksite".
The ZipWall tension spring loaded poles allow you to create a plastic square bubble prevents dust from spreading through out the home. Subsequently, clean up is a zip. And best of all there are no upset calls from sneezing tenants.


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