Wednesday, May 2, 2007

A Few Renting Tips

Dress in a ìbusiness casualî fashion when looking at apartments and houses. Consider it almost like a job interview! The prospective landlord is looking for the best ìcandidateî for their rental - and appearance does count.
Some landlords will require an application before they will consider you as a tenant. Gather the following information beforehand: Social Security number, Driverís License, Rental History (name & phone number of previous rentals, including time rented), Job History, 3 personal and 3 work references, and monthly payment information (credit cards, loans, etc.
If you call on a listing and it has been rented, donít hesitate to ask if the landlord has another property that they would like to rent. Or, they may have a fellow rental property owner that is looking to fill a vacancy.
Pets are a sure way to lessen your chances for finding a suitable apartment or home to rent at a reasonable price. You will generally pay a higher security deposit and a higher monthly rent. And, the place you do find may have pet damage (carpets) from the previous renter. If at all possible, wait to get pets until you can purchase your own house.
You should also consider the quality of your landlord when renting. Ask your friends or family that rent their dwelling about their landlord - and then find out if that landlord has properties available for rental.
Consider choosing a C.P.L. (Certified Professional Landlord) listed on this web site. These individuals aspire to high standards of professionalism in taking care of their tenants and properties.
your landlord may not:
Refuse to let you make reasonable modifications to your dwelling or common use areas, at your expense, if necessary for the disabled person to use the housing. (Where reasonable, the landlord may permit changes only if you agree to restore the property to its original condition when you move.)
Refuse to make reasonable accommodations in rules, policies, practices or services if necessary for the disabled person to use the housing.
Example: A building with a "no pets" policy must allow a visually impaired tenant to keep a guide dog.
Example: An apartment complex that offers tenants ample, unassigned parking must honor a request from a mobility-impaired tenant for a reserved space near her apartment if necessary to assure that she can have access to her apartment.

RIGHTS AGAINST RETALIATION
Although the landlord of a Tenant at Will can terminate the tenancy or raise the rent without reason, s/he cannot do so in response to the tenant's exercising his or her legal rights. If the landlord tries to raise your rent, terminate or otherwise change your tenancy within six months of when you contact the Board of Health, join a tenants' organization, or exercise other legal rights, the landlord's action will be considered retaliation against you.

Late Payment Penalty:
Tenants should pay rent on time. The landlord can't charge any interest or a penalty until 30 days after the due date. However, the landlord can begin the eviction process immediately -- even if the rent is only one day overdue. (MGL c 186, s 15B). The landlord also cannot use a reverse penalty clause to encourage tenants to pay early. For example, it is illegal for a landlord who charges $400 per month to reduce the rent by 10% if the rent is paid within the first five days of the month.

Check with the landlord to see if subletting is allowed. In most cases, leases have a provision for subletting with the landlord's permission. If the lease does not permit subletting, and you sublet, you could be sued for breaking the lease.
TYPES OF TENANCY AGREEMENTS:
Written Rental Agreements: According to state consumer protection regulations (940 CMR 3.17(3b)), a landlord must include the following in a written rental agreement:
*The names, addresses, and telephone numbers of the owners and any other persons who are responsible for the care, maintenance and repair of the property;
*The name, address and telephone number of the person authorized to receive notices of violations of law and to accept notice of lawsuit on half of the owner;
*The amount of the security deposit and disclosure of rights under the Security Deposit Law.
Verbal Rental Agreements: You and the landlord may agree verbally to the terms of your tenancy. However, it is safer to get all terms in writing.
Lease: A lease is merely a contract form which has been adapted for use by an individual landlord. The lease should clarify the rights and responsibilities of both the tenant and the landlord. ALWAYS READ YOUR LEASE BEFORE SIGNING. If wording is unclear, ask for an explanation. Within 30 days after the lease is signed, the landlord is required to furnish you with a copy for your records. If the landlord does not give you a copy within the allotted 30 days, s/he can be fined up to $300. Any provision which conflicts with the law or requires you, as a tenant or prospective tenant, to waive your rights is void and unenforceable (MGL c 186,s 15B).
Types of Leases:
A standard fixed-term lease typically runs for a 12-monthperiod and may or may not be renewed after the period expires. A self-extending lease is one which automatically renews itself if neither the landlord nor the tenant gives formal notice that there will be no renewal by the date specified in the lease.
Remember:
*Describe in the lease all rental terms, conditions, and charges. During the lease term, the landlord cannot add a charge for the use of facilities that were available at no cost when the lease was signed.
*Check that all blanks appearing in the lease have been filled in and that the agreed upon rent is stated.
*Write into the lease all verbal promises, additional clauses or clarifications made by either party. Both you and the landlord must initial each change.

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