Wednesday, May 16, 2012

How Cut Your Utility Bills in Half


During this the Greater Salem Landlord's May meeting Matthius Bohler of Next Step Living provided some great information on how to access the FREE programs that National Grid is offers consumers. You may already be familiar with program the MASS SAVES Program. But by using an agent such as Next Step Living it just got easier to navigate the energy savings.

Did you know:
The program offers a NO INTEREST 7 year loan for up to 25,000 in building upgrades

You qualify every year for the program?

You do not need to convert from oil to gas to qualify. If you have outdated gas furnaces you can upgrade

It all starts with an initial energy assessment. So make that appointment today with Next Step Living

Should you decide to particpate in the Mass Saves program using Next Step Living as an authorized agent for the energy assessment. Next Step Living will gladly contribute $10 for every assessment that is completed through the Greater Salem Landlord Association partnership.


All assessments completed through this link will drive a $10 contribution to GSLA. Just click on the link below and let the savings begin: http://nextsteplivinginc.com/gsla

Tuesday, May 15, 2012

Right of Entry: PART 2


Previously, I wrote about the specific Massachusetts law that does not allow a landlord to enter the leased premises without the tenant's permission. However, you should be aware that the same law lists specific situations in which landlord may enter the property legally.

The first circumstance
is if you have a tenant with a fixed term lease and the term is coming to an end, you may enter the premises in the last thirty days of the tenancy to inspect for property damage. The same holds true in the case of a tenancy-at-will if either party has given proper notice to terminate the tenancy (which is commonly 30 days notice).

The reason the law allows landlord access to the premises in this thirty day period is to assess damages to the unit before the tenant moves out. In case damage is discovered, the cost to repair would be deducted from the tenant's security deposit. (Security deposits will be discussed in a later blog.)

But even if the landlord has a right to enter and inspect, it is prudent that the landlord talk to the tenant and agree on a time for the inspection to occur, if possible. Remember, a tenant's feelings towards their privacy should be handled carefully.

A word of caution for all instances of landlord entry: Even with the tenant's consent, it's generally not advisable for the landlord to enter the premises without the tenant being present. In doing so, the possibility arises for the unscrupulous tenant to make allegations that valuables disappeared while the landlord was inspecting the apartment when the tenant wasn't home. Better to be safe than sorry.

The second circumstance
allowed by Massachusetts law is if the landlord has a court order enforcing his right to enter. For example: A troublesome tenant may block your path and simply not let you in. If this occurs, do not force your way in or you may be facing assault charges from the tenant. In that case, the only way to gain access to the property is to go to Housing Court and get a court order that affirms your right to inspect.

And to answer an often asked related question: In Massachusetts, never, ever change the locks or remove the tenant's property under any circumstances, unless you have an Execution issued by the court giving you the right to repossess the property

Sunday, May 13, 2012

Do you have the Right of Entry?



There are some mistakes that can snare even some of the most savey landlords. A fairly typical example is the question regarding a landlord's right to enter the leased premises:

Landlord:
"I want to go into the apartment to look around at what the tenant is doing. I think he has a cat when the lease has a no pet policy. From the street I can see that he painted one of the rooms blue, which the lease does not permit. I also want to make sure the fire exit isn't blocked. I'm going over there tomorrow to let myself in to inspect the property."

The landlord has legitimate concerns. There may be lease violations to address. She is also concerned about an important safety issue. Her assumption is that because she owns the property, she has a right to enter if she wants to. She couldn't be more wrong.

In Massachusetts, when a landlord rents an apartment to a tenant, she gives up her right to enter. The law forbids her from entering the property - even to inspect for defects or make repairs - without the express permission of the tenant.*

The lawful course of action to take here is to contact the tenant and obtain consent to enter the property for an inspection. The landlord and tenant should agree on a mutually convenient time for the inspection to take place. It's always a good idea to contact the tenants well in advance of an inspection; seven days or so.

Landlords are often dismayed by this news, but the spirit of the law might be better understood from the point of view of the tenant's right to privacy. When a tenant leases an apartment, it becomes their home in which the tenant has a reasonable expectation of privacy from the government and - as inferred by the Massachusetts law - the landlord as well. In effect, the law balances the tenant's right to privacy with the landlord's interest in the property.

*** Please note there are specific instances in which a landlord may enter the leased premises that I will discus in a future post.

Sunday, May 6, 2012

How to Lose Money and Get Your Rental Property Trashed by Your Tenants



Want to be lose your hard-earned money? Follow these 5 Rules as provided by Andrew Stefanczyk:

Rule 1
Choose the worst possible area. It is a fact that the location of your investment property will determine the kinds of tenants you will attract, and how much rent you can fairly charge.

Rule 2
Put the very best of everything in when fixing up an investment property. Luxury bathrooms, thick pile carpets, plasma TVs. Spare no expense.

Rule 3
Make sure you have absolutely no experience in making basic repairs. Not knowing how to fix electrical wiring, repair drains, and replace windows will cost you quite a bit of money down the road.

Rule 4
Do not screen your tenants. This may be the most important step to making sure you lose money as a landlord. Do not ask for or check references. Do not call previous landlords and ask questions like, Did they pay rent on time? How was the condition of the house or apartment when they left? Did they ever disturb neighbors with loud music or shouting matches? How often would you have to make special trips for repairs? Being as uninformed as possible about whom you rent to will make a huge difference and will increase the chances that you will get tenants that will trash your property and refuse to pay rent.

Rule 5
Make sure you have not learned about your rights as a landlord. Be completely unfamiliar with the eviction process to guarantee long, drawn out disputes with tenants. Most countries provide online information about tenant and landlord rights so avoid reading these.

I recommend that you not follow any of these rule since they will ensure complete failure as a landlord.

Saturday, May 5, 2012

GREATER SALEM LANDLORD MEETING: MAY 14


THE GREATER SALEM LANDLORD ASSOCIATION next meeting is May 14, 201, enter the Federal street "jury entrance. A Guest Speaker from Next Step Living, an outreach partner for National Grid will discuss access to the benefits offered by the state's MassSave Program, which provides no cost whole house energy assessments. Landlords are encouraged to bring tenant information and sign up your units for a no cost MassSave energy assessment right at the workshop!

Participants will learn:

· How hundreds of MA families have cut their heating bills by as much as 40% in 2011 by accessing MassSave funding

· How to use less energy and be more comfortable in your home - yes, it's possible!

· The health benefits of a properly weatherized home.

How to gain access to a Zero Percent Interest Loan to finance new windows, a heating system upgrade, additional insulation

Why tenants and landlords benefit greatly from this program

· Why National Grid wants us to use less energy.

· Building Science 101 - How your home loses energy today.

Friday, May 4, 2012

Ask An Attorney: Lease Question


It’S THE LAW by attorney Mark Burrell

Q. The lease I have with my tenant has expired but my tenant won’t move out. Do I have to give my tenant a notice to quit before beginning the eviction

A. No. If you have a written lease with your tenant for a fixed period of time, usually one year, and the tenant refuses to vacate the premises after the term of the lease expires, you can have the tenant served with a summary process summons and complaint without having first given the tenant a notice to quit.
If the tenant remains after the lease expires, the tenant is called a “tenant-at-sufferance”. But do not accept rent from the tenant after the lease expires. If you do, you will have converted the tenant-at-sufferance into a “tenant-at- will”, and a notice to quit must be given to a tenant-at-will before that tenant can be served with a summary process complaint. And remember, if you decide to accept rent from a tenant after you have begun the eviction process, endorse the rent check with the words “accepted for use and occupancy only” and give the tenant a receipt for the rent with those words included.This will preserve your right to move forward with the eviction.

Tuesday, May 1, 2012

Springing into Action with Spring Chores by Viktor Zimmer


Spring is finally upon us. Time to check out what the winter has done to the exterior of your investment -- roofing, gutters, exterior paint, caulking and the grounds should be all items on your checklist.

Your first priority should be your roof. Snow and ice can damage shingles and rubber roofing and should be inspected. If you have no experience in roofing it would be advised to hire a roofer to inspect and fix your roof. Don't wait too long because it will be harder to find a roofer to come out early summer for items like this because they will be busy with roofing jobs. If you plan to do this yourself, inspect for missing or broken shingles and tears in rubber roofing and nails sticking up. Preventive maintenance might save you from having to replace underlayment when your next roof job comes up.

Working down your checklist should be cleaning out your gutters. If you're inspecting your roof yourself this is a step you can do at the same time. Clogged gutters will not keep water away from your foundation and facia boards. Cleaning these will help keep your basement dry. Overflowing water will also get between your gutter and facia boards; prematurely deteriorating the facia boards. To eliminate this chore twice a year, you might look into installing gutter guards between now and fall.

If your house is painted you want to patch up flaking paint. Any spots you find should be scraped and painted to keep these flakes from growing and rotting the siding. If you don't have any of your original paint, take a few of the larger chips to a paint store and they can color match it with a paint scanner. If the paint is old take caution to have it tested for lead paint. If you wish to still do it yourself, the state requires you to take a class to learn hazards and what the homeowner can do and can't do.

While you're inspecting your paint look for brittle and missing caulking around Windows, corner boards and door trim. Take a putty knife and scrape out any brittle or cracked caulking and re-caulk. Keep your house sealed from the summer rains and keep down your cooling costs. Electricity like everything else is getting very expensive.

Have your grounds cleared of built-up leaves and branches. This lets new growth be protected from damage or disease. Dethatching your lawn will help uncover bare spots which you can fill with some grass seed. Simple maintenance will keep right your property looking good and will help retain tenants.