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HomeMy WebLinkAboutMiscellaneous - 34 MAY STREET 4/30/2018 (2)a It of0 0 J_ m �7 r= J m E E O U 0 0 r 0 0 r 0 J m N CD x —I .l 0 NLO �-a2 c �.O O O c O U ' WmUmm3 W W iy— of U > ❑ <2F U) U� a 0'W =2 LU L) (O (D N M O O � ' (L M U U °oma) mW U fr icoo.0 Y D Y Y 22 o ❑ O N Q' J N W LU UN Q z o r0LLLLW CL 00 00C v:; cc a4 o c o d0�> N @ a7 a5 cn CD a)i-: U) co U)C/) CD O J (N °6 O04 LO Of O O �i-MO O } 3 Y � U o �Q z,v m°mcc V U O ii -Mi y a) O O a0 DF - O a Q cc m O J J 10 Ah CD z O O O o 0 � O N Q o of0 0 J_ m �7 r= J m E E O U 0 0 r 0 0 r 0 J m N CD x —I .l 0 NLO 00 r 0 ao O O c O a0uj LL W }Y WW CD U > ❑ <2F U) ZZ U� JI 0'W =2 LU L) IZ NQS 'Len Q (Dn.w 3QQ.0rZ ' (L 0 Q 00 (o 'r H H � � N �- U� cc (0 J J lf) Lq 3 Y Y 22 R N > r 00 00C Z (N °6 } 3 z� O z,v Q -6-6 2 z cc m O J J 10 Ah a� O N Q o z 0 o rl"+► LL z N (n p � LL o 0�� � gN y �� g� a 3a o0 ;mm zZ 00 CO r d 0 066 N N Q 14 u W p a @ U F- p c o O m d d z ((jj U � o to 0 � O M � I- r r r (0 Q a (0 676 a w W >m>>(O Q E(D �aam V ZQ W gm E O v1��0 QmLLM w2UO) 000: R C7 Z co Ln (No D s O M W r O 01 r r M r Q Q O (o a> W Qiomioa�i •_� a- 0LL Clca. 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ANDOVER, MA 01845 Client: Mold Analysis Report NON-VIABLE Spore Trap Analysis Method SSPTM SOP 6110 Report Number: 081205-0210 Received Date: 8/12/2005 Analysis Date: 8/15/2005 Report Date: 8/15/2005 1 Analysis Date: 8/15/2005 Analysis Date: 8/15/2005 AnalystlD: 9 AnalystlD: 9 The above information was compiled by PRO-LAB/SSPTM Inc. from the EPA "A Brief Guide to Mold, Moisture, and Your Home" and the NYC Dept of Health " Guidelines on Assessment and Remediation of Fungi in Indoor Environments", at the request of and for the exclusive use of the client named on this report. This document is not a legal mandate and should be used for informational purposes only. Currently there are no Federal regulations for evaluating potential health effects of fungal contamination and remediation. This Information is subject to change as more information regarding fungal contaminants becomes available. For more information: visit http://www.epa.gov/iaq/moldsriindex.htm] or www.nyc.govlhtml/dohlhtmUeUeimold.html. This document was designed to follow currently known industry guidelines for the interpretation of microbial sampling, analysis, and remediation. Since interpretation of mold analysis reports is a scientific work in progress, it may as such be changed at any time without notice. The client is solely responsible for the use and interpretation of these recommended action guidelines. PRO-LAB/SSPTM Inc. makes no express or Implied warranties as to such use or interpretation. PRO-LAB/SSPTM Inc. is not able to make and does not make a determination as to the environmental soundness, safety or health of a property from only the samples sent to their laboratory for analysis. The Client is hereby notified that due to the subjective nature of fungal analysis and the mold growth process, laboratory samples can and do change over time relative to the originally sampled material. PRO-LAB/SSPTM Inc. reserves the right to properly dispose of all samples after the testing of such samples are sufficiently completed or after a 7 day period, whichever period is greater.PRO-LAB I SSPTM, Inc. participates in the AIHA EMPAT program. Lab ID #163230 Page 1 Suani Parodi, QA Manager Act Environmental Inc./Jackson Home I 195 Andover Street Comments: Cellulose fiber -8 Andover, MA 01810 Debris -moderate �� v Phone: (978) 475-0444 Fax: (978) 475-6140 6 2005 Email: INFO@JACKSONHOMEINSPEC Your Results OCT 2 Pro -Lab Number: 081205-0210 081205-0209+'ry Date Collected: 8/11/2005 8/11/2005 Collection Location: FRONT BEDROOM OUTSIDE Sample Submitted: Air -O -Cell Air -O -Cell Volume (L): 150 150 Serial #: 8539399 8538001 Results Results Spore Identification Raw Score (Spores/m') Raw Score (Spores/m3) Alternaria 1 0 1 0 1 1 27 Clados orium 1 27 68 1813 Curvularia 1 27 1 27 Ganoderma 1 6 160 16 427 Other Ascospores 0 0 3 1 80 Other Basidiospores 0 0 2 1 53 Penicillium/As er illus 4 1 107 18 1 480 Pithom ces 0 0 1 127 Rusts 2 F 53 15 1 400 Smuts / m xom cetes 0 1 0 2 153 Total Spores (Spores/m'): 374 3387 Analysis Date: 8/15/2005 Analysis Date: 8/15/2005 AnalystlD: 9 AnalystlD: 9 The above information was compiled by PRO-LAB/SSPTM Inc. from the EPA "A Brief Guide to Mold, Moisture, and Your Home" and the NYC Dept of Health " Guidelines on Assessment and Remediation of Fungi in Indoor Environments", at the request of and for the exclusive use of the client named on this report. This document is not a legal mandate and should be used for informational purposes only. Currently there are no Federal regulations for evaluating potential health effects of fungal contamination and remediation. This Information is subject to change as more information regarding fungal contaminants becomes available. For more information: visit http://www.epa.gov/iaq/moldsriindex.htm] or www.nyc.govlhtml/dohlhtmUeUeimold.html. This document was designed to follow currently known industry guidelines for the interpretation of microbial sampling, analysis, and remediation. Since interpretation of mold analysis reports is a scientific work in progress, it may as such be changed at any time without notice. The client is solely responsible for the use and interpretation of these recommended action guidelines. PRO-LAB/SSPTM Inc. makes no express or Implied warranties as to such use or interpretation. PRO-LAB/SSPTM Inc. is not able to make and does not make a determination as to the environmental soundness, safety or health of a property from only the samples sent to their laboratory for analysis. The Client is hereby notified that due to the subjective nature of fungal analysis and the mold growth process, laboratory samples can and do change over time relative to the originally sampled material. PRO-LAB/SSPTM Inc. reserves the right to properly dispose of all samples after the testing of such samples are sufficiently completed or after a 7 day period, whichever period is greater.PRO-LAB I SSPTM, Inc. participates in the AIHA EMPAT program. Lab ID #163230 Page 1 PRO-LAB/SSPTM INC 1675 N Commerce Parkway Weston, Florida 33326 Toll Free: 800-427-0550 Test Address: SLACK -34 MAY ST., N. ANDOVER, MA 01845 Client: Act Environmental Inc./Jackson Home I 195 Andover Street Andover, MA 01810 Phone: (978) 475-0444 Fax: (978)475-6140 Email: INFO@JACKSONHOMEINSPEC Your Results Mold Analysis Report NON-VIABLE Spore Trap Analysis Method SSPTM SOP 6110 Report Number: 081205-0210 Received Date: 8/12/2005 Analysis Date: 8/15/2005 Report Date: 8/15/2005 1 Suani Parodi, QA Manager Comments: Cellulose fiber -8 Debris -moderate The following fungal descriptions are pertinent to the samples collected. General characterization of mold is made with respect to their most common impact to human health. Many genera of molds have species with varying characteristics. Spore Name Description Alternaria EXTREMELY WIDESPREAD AND UBIQUITOUS. OUTDOORS IT MAY BE ISOLATED FROM SAMPLES OF SOIL, SEEDS, AND PLANTS. IT IS COMMONLY FOUND IN OUTDOOR SAMPLES. IT IS OFTEN FOUND IN CARPETS, TEXTILES, AND ON HORIZONTAL SURFACES IN BUILDING INTERIORS. OFTEN FOUND ON WINDOW FRAMES. IT MAY BE RELATED TO BAKERS ASTHMA. IT HAS BEEN ASSOCIATED WITH HYPERSENSITIVITY PNEUMONITI, SINUSITIS, DERATOMYCOSIS, ONYCHOMYCOSIS, SUBCUTANEOUS PHAEOHYPHOMYCOSIS, AND INVASIVE INFECTION. COMMON CAUSE OF EXTRINSIC ASTHMA (IMMEDIATE -TYPE HYPERSENSITIVITY: TYPE 1). ACUTE SYMPTOMS INCLUDE EDEMA AND BRONCHIOSPASMS; CHRONIC CASES MAY DEVELOP PULMONARY EMPHYSEMA. Cladosporium COMMONLY FOUND ON DEAD PLANTS, WOODY PLANTS, FOOD, STRAW, SOIL, PAINT AND TEXTILES. COMMON CAUSE OF EXTRINSIC ASTHMA (IMMEDIATE -TYPE HYPERSENSITIVITY: TYPE 1). ACUTE SYMPTOMS INCLUDE EDEMA AND BRONCHIOSPASMS; CHRONIC CASES MAY DEVELOP PULMONARY EMPHYSEMA. Curvularia IT MAY CAUSE CORNEAL INFECTIONS, MYCETOMA AND INFECTIONS IN IMMUNE COMPROMISED HOSTS. Ganoderma CONSIDERED A BASIDIOSPORE. EDIBLE IN MUSHROOM FORM AND A VERY IMPORTANT IN THE FOOD INDUSTRIES. Other Ascospores ONE OF THE MAJOR CLASSES OF FUNGAL ORGANISMS. THIS CLASS CONTAINS THE "SAC FUNGI' AND YEASTS. Other Basidiospores ONE OF THE MAJOR CLASSES OF FUNGAL ORGANISMS. THIS CLASS CONTAINS THE MUSHROOMS, SHELF FUNGI, PUFFBALLS, AND A VARIETY OF OTHER FUNGI. - -- - - - ...------- - ---- --.­..-- -, ...----.--. "" ...-.........— — - ­vm w mum, rviuiswre, dna T our nome- ana me me uept or Health" Guidelines on Assessment and Remediation of Fungi in Indoor Environments", at the request of and for the exclusive use of the client named on this report. This document is not a legal mandate and should be used for informational purposes only. Currently there are no Federal regulations for evaluating potential health effects of fungal contamination and remediation. This information is subject to change as more information regarding fungal contaminants becomes available. For more information: visit hftp://www.epa.govriiaq/molds/index.htmi or www.nyc.gov/html/dohfhtmi/ei/eimold.htmi. This document was designed to follow currently known Industry guidelines for the interpretation of microbial sampling, analysis, and remediation. Since interpretation of mold analysis reports is a scientific work in progress, it may as such be changed at any time without notice. The client is solely responsible for the use and interpretation of these recommended action guidelines. PRO•LAB/SSPTM Inc. makes no express or implied warranties as to such use or Interpretation. PRO-LAB/SSPTM Inc. is not able to make and does not make a determination as to the environmental soundness, safety or health of a property from only the samples sent to their laboratory for analysis. The Client is hereby notified that due to the subjective nature of fungal analysis and the mold growth process, laboratory samples can and do change over time relative to the originally sampled material. PRO-LAB/SSPTM Inc. reserves the right to properly dispose of all samples after the testing of such samples are sufficiently completed or after a 7 day period, whichever period is greater.PRO-LAB / SSPTM, Inc. participates in the AIHA EMPAT program. Lab ID #163230 Page 2 PRO-LAB/SSPTM INC 1675 N Commerce Parkway Weston, Florida 33326 Toll Free: 800-427-0550 Test Address: SLACK -34 MAY ST., N. ANDOVER, MA 01845 Client: Mold Analysis Report NON-VIABLE Spore Trap Analysis Method SSPTM SOP 6110 Report Number: 081205-0210 Received Date: 8/12/2005 Analysis Date: 8/15/2005 Report Date: 8/15/2005 Suani Parodi, QA Manager Act Environmental Inc./Jackson Home I 195 Andover Street Comments: Cellulose fiber -8 Andover, MA 01810 Debris -moderate Phone: (978) 475-0444 Fax: (978)475-6140 Email: INFO@JACKSONHOMEINSPEC Your Results Penicillium/Aspergillus THIS GROUP OF SPORES IS CONSIDERED COMMON TO INDOOR ENVIRONMENTS. COMMONLY FOUND IN SOIL, FOOD, CELLULOSE, AND ALSO CONSIDERED A COMMON CONTAMINANT OF FOOD. IT IS ALSO FOUND IN PAINT AND COMPOST PILES. IT MAY CAUSE HYPERSENSITIVITY PNEUMONITIS AND ALLERGIC ALVEOLITIS IN SUSCEPTIBLE INDIVIDUALS. COMMON CAUSE OF EXTRINSIC ASTHMA (IMMEDIATE -TYPE HYPERSENSITIVITY: TYPE 1). ACUTE SYMPTOMS INCLUDE EDEMA AND BRONCHIOSPASMS; CHRONIC CASES MAY DEVELOP PULMONARY EMPHYSEMA. MANY SPECIES PRODUCE MYCOTOXINS, WHICH MAY BE ASSOCIATED WITH DISEASE IN HUMANS AND OTHER ANIMALS. TOXIC PRODUCTION IS DEPENDENT ON THE SPECIES OR A STRAIN WITHIN A SPECIES AND ON THE FOOD SOURCE FOR THE FUNGUS. Pithomyces GROWS ON DEAD GRASS AND PLANTS. PROLONGED EXPOSURE CAN CAUSE FACIAL ECZEMA. CAUSES TYPE II ALLERGIES (HAYFEVER TYPE SYMPTOMS, ASTHMA). Rusts FOUND IN GRASSES, FLOWERS, TREES AND OTHER LIVING PLANT MATERIALS. COMMONLY CAUSES TYPE I ALLERGIES (HAY FEVER, ASTHMA) SYMPTOMS. NO REPORTS OF HUMAN INFECTION. RUSTS DO NOT GROW INDOORS UNLESS HOST PLANTS ARE PRESENT. THEY ARE PARASITIC PLANT PATHOGENS AND NEED A LIVING HOST FOR GROWTH. Smuts / myxomycetes COMMONLY FOUND ON CEREAL CROPS, GRASSES, WEEDS, OTHER FUNGI, AND ON OTHER FLOWERING PLANTS. OCCASIONALLY FOUND INDOORS. NO REPORTS OF HUMAN INFECTION. •.•- ••••...... •••• ••_� ==•••r••=� _� �+o•��� �.� ���_. .. o... .��e ��.. w oner a ue to mow, moisture, arm Tour home" anu the NYC Dept of Health "Guidelines on Assessment and Remediation of Fungi In Indoor Environments", at the request of and for the exclusive use of the client named on this report. This document is not a legal mandate and should be used for informational purposes only. Currently there are no Federal regulations for evaluating potential health effects of fungal contamination and remediation. This information is subject to change as more information regarding fungal contaminants becomes available. For more information: visit http:llwww.epa.govriiagimoldsMdex.htmi or www.nyc.govlhtmUdohlhtmlleileimold.html. This document was designed to follow currently known industry guidelines for the interpretation of microbial sampling, analysis, and remediation. Since interpretation of mold analysis reports is a scientific work in progress, it may as such be changed at any time without notice. The client is solely responsible for the use and interpretation of these recommended action guidelines. PRO-LABISSPTM Inc. makes no express or implied warranties as to such use or interpretation. PRO-LAB/SSPTM Inc. is not able to make and does not make a determination as to the environmental soundness, safety or health of a property from only the samples sent to their laboratory for analysis. The Client is hereby notified that due to the subjective nature of fungal analysis and the mold growth process, laboratory samples can and do change over time relative to the originally sampled material. PRO-LABISSPTM Inc. reserves the right to properly dispose of all samples after the testing of such samples are sufficiently completed or after a 7 day period, whichever period is greater.PRO-LAB / SSPTM, Inc. participates in the AIHA EMPAT program. Lab ID #163230 Page 3 PRO-LAB/SSPTM INC 1675 N Commerce Parkway Weston, Florida 33326 Toll Free: 800-427-0550 Test Address: SLACK -34 MAY ST., N. ANDOVER, MA 01845 Client: Act Environmental Inc./Jackson Home I 195 Andover Street Andover, MA 01810 Phone: (978) 475-0444 Fax: (978)475-6140 Email: INFO@JACKSONHOMEINSPEC your Results Mold Analysis Report NON-VIABLE Spore Trap Analysis Method SSPTM SOP 6110 Report Number: 081205-0210 Received Date: 8/12/2005 Analysis Date: 8/15/2005 Report Date: 8/15/2005 614/" Suani Parodi, QA Manager Comments: Cellulose fiber -8 Debris -moderate Report Summary: Pro -Lab Number: 081205-0210 Sample Submitted: Air -O -Cell Elevated Mold Condition(s) Exists: No If YES: One or more of the samples in this report indicates the presence of elevated indoor mold spores or colonies for these specific locations only. Professional advice will be necessary to determine the appropriate actions to take to correct the conditions indicated. NO: The samples in this report do not indicate the presence of elevated indoor mold spores or colonies for these specific cations only Inconclusive: No comparison sample received ie mold identified in this report is often associated with excess moisture and can be a problem in indoor environments at high vels. Since mold requires water to grow, it is important to prevent moisture problems in buildings. The presence of mold, water image, or musty odors should be addressed immediately. In all instances, any source(s) of water must be stopped and the extent water damage determined. Mold can grow on virtually any organic substance, as long as moisture and oxygen are present. hen excessive moisture accumulates in buildings or on building materials, mold growth will often occur, particularly if the oisture problem remains undiscovered or unaddressed. Building materials, such as drywall are made of cellulose and are highly isorbent, perfect surfaces for mold growth when wet. Moisture problems may include roof leaks, plumbing leaks, landscaping or itters that direct water into or under the building, and unvented combustion appliances such as gas stoves. Water damaged iilding materials supporting mold growth should be cleaned or replaced as quickly as possible in order to ensure a healthy ivironment. Specific methods of assessing and remediating mold contamination should be based on the extent of visible >ntamination and the cause of the damage. ie most common symptoms of mold exposure are runny nose, eye irritation, cough, congestion, and aggravation of asthma. dividuals with persistent health problems that appear to be related to mold or other types of air quality contaminant cposure should see their physicians for a referral to professionals who are trained in occupational/environmental medicine related specialties and are knowledgeable about these types of exposures. Decisions about removing individuals from an fected area must be based on the results of such medical evaluation. Since mold is naturally present in outdoor environments id we share the same air between the indoors and the outdoors, it is impossible to eliminate all mold and their spores from the door environment. he detection limit of fungal analysis using optical microscopy is one fungal spore or one fungal structure. The quantitation nits vary from analysis to analysis and from processing procedure to processing procedure. Contact us to determine wr quantitation Iimits.FOR MORE INFORMATION, PLEASE CALL PRO-LABTm AT 1-800-427-0550 END OF REPORT The above information was compiled by PRO-LAB/SSPTM Inc. from the EPA "A Brief Guide to Mold, Moisture, and Your Home" and the NYC Dept of Health " Guidelines on Assessment and Remediation of Fungi in Indoor Environments", at the request of and for the exclusive use of the client named on this report. This document is not a legal mandate and should be used for informational purposes only. Currently there are no Federal regulations for evaluating potential health effects of fungal contamination and remediation. This information is subject to change as more Information regarding fungal contaminants becomes available. For more information: visit http://www.epa.govrmaq/molds/index.htmi or www.nyc.gov/htmVdohfhtml/ei/eimold.htmi. This document was designed to follow currently known industry guidelines for the interpretation of microbial sampling, analysis, and remediation. Since interpretation of mold analysis reports is a scientific work in progress, it may as such be changed at any time without notice. The client is solely responsible for the use and interpretation of these recommended action guidelines. PRO-LAB/SSPTM Inc. makes no express or implied warranties as to such use or interpretation. PRO-LAB/SSPTM Inc. is not able to make and does not make a determination as to the environmental soundness, safety or health of a property from only the samples sent to their laboratory for analysis. The Client is hereby noted that due to the subjective nature of fungal analysis and the mold growth process, laboratory samples can and do change over time relative to the originally sampled material. PRO-LAB/SSPTM Inc. reserves the right to properly dispose of all samples after the testing of such samples are sufficiently completed or after a 7 day period, whichever period is greater.PRO-LAB I SSPTM, Inc. participates in the AIHA EMPAT program. Lab ID #163230 Page 4 PRO-LAB/SSPTM INC 1675 N Commerce Parkway Weston, Florida 33326 Toll Free: 800-427-0550 Test Address: SLACK -34 MAY ST., N. ANDOVER, MA 01845 Client: Act Environmental Inc./Jackson Home I 195 Andover Street Andover, MA 01810 Phone: (978) 475-0444 Fax: (978)475-6140 Email: INFO@JACKSONHOMEINSPEC Your Results Mold Analysis Report NON-VIABLE Spore Trap Analysis Method SSPTM SOP 6110 Report Number: 081205-0211 Received Date: 8/12/2005 Analysis Date: 8/15/2005 Report Date: 8/15/2005 IPaaadk Suani Parodi, QA Manager Comments: Cellulose fiber -7 Insect fragment -1 Debris -moderate Pro -Lab Number: 081205-0211 081205-0209 Date Collected: 8/11/2005 8/11/2005 Collection Location: REAR ROOM OUTSIDE Sample Submitted: Air -O -Cell Air -O -Cell Volume (L): 150 150 Serial#: 8538006 8538001 Results Results Spore Identification Raw Score (Spores/m') Raw Score (Spores/m') Alternaria 1 0 1 0 1 1 1 27 Clados orium 0 1 0 68 1813 Curvularia 0 1 0 1 27 Ganoderma I 0_1 0 1 16 427 Other Ascospores I 1 1 27 1 3 80 Other Basidiospores 1 2 1 53 1 2 53 Penicillium/As er illus 1 9 240 1 18 480 Pithom ces 1 0 0 1 l 27 Rusts 2 53 15 400 Smuts / m xom cetes 1 27 2 53 Total Spores (Spores/m'): 400 3387 Analysis Date: 8/15/2005 Analysis Date: 8/15/2005 AnalystlD: 9 AnalystlD: 9 The above information was compiled by PRO-LAB/SSPTM Inc. from the EPA "A Brief Guide to Mold, Moisture, and Your Home" and the NYC Dept of Health " Guidelines on Assessment and Remediation of Fungi in Indoor Environments", at the request of and for the exclusive use of the client named on this report. This document is not a legal mandate and should be used for informational purposes only. Currently there are no Federal regulations for evaluating potential health effects of fungal contamination and remediation. This information is subject to change as more information regarding fungal contaminants becomes available. For moreinformation: visit hftp://www.epa.govfiagimoldsriindex.htmi or www.nyc.govlhtmi/doh/html/ei/eimold.html. This document was designed to follow currently known industry guidelines for the interpretation of microbial sampling, analysis, and remediation. Since interpretation of mold analysis reports is a scientific work in progress, it may as such be changed at any time without notice. The client is solely responsible for the use and interpretation of these recommended action guidelines. PRO-LAB/SSPTM Inc. makes no express or implied warranties as to such use or interpretation. PRO-LAB/SSPTM Inc. is not able to make and does not make a determination as to the environmental soundness, safety or health of a property from only the samples sent to their laboratory for analysis. The Client is hereby noted that due to the subjective nature of fungal analysis and the mold growth process, laboratory samples can and do change over time relative to the originally sampled material. PRO-LAB/SSPTM Inc. reserves the right to properly dispose of all samples after the testing of such samples are sufficiently completed or after a 7 day period, whichever period is greater.PRO-LAB / SSPTM, Inc. participates in the AIHA EMPAT program. Lab ID #163230 Page 1 PRO-LAB/SSPTM INC 1675 N Commerce Parkway Weston, Florida 33326 Toll Free: 800-427-0550 Test Address: SLACK -34 MAY ST., N. ANDOVER, MA 01845 Client: Mold Analysis Report NON-VIABLE Spore Trap Analysis Method SSPTM SOP 6110 Report Number: 081205-0211 Received Date: 8/12/2005 Analysis Date: 8/15/2005 Report Date: 8/15/2005 1 Suani Parodi, QA Manager Act Environmental Inc./Jackson Home I 195 Andover Street comments: Cellulose fiber -7 Andover, NIA 01810 Insect fragment -1 Debris -moderate Phone: (978) 475-0444 Fax: (978)475-6140 Email: INFO@JACKSONHOMEINSPEC your Results The following fungal descriptions are pertinent to the samples collected. General characterization of mold is made with respect to their most common impact to human health. Many genera of molds have species with varvinq characteristics. Spore Name Description Alternaria EXTREMELY WIDESPREAD AND UBIQUITOUS. OUTDOORS IT MAY BE ISOLATED FROM SAMPLES OF SOIL, SEEDS, AND PLANTS. IT IS COMMONLY FOUND IN OUTDOOR SAMPLES. IT IS OFTEN FOUND IN CARPETS, TEXTILES, AND ON HORIZONTAL SURFACES IN BUILDING INTERIORS. OFTEN FOUND ON WINDOW FRAMES. IT MAY BE RELATED TO BAKERS ASTHMA. IT HAS BEEN ASSOCIATED WITH HYPERSENSITIVITY PNEUMONITI, SINUSITIS, DERATOMYCOSIS, ONYCHOMYCOSIS, SUBCUTANEOUS PHAEOHYPHOMYCOSIS, AND INVASIVE INFECTION. COMMON CAUSE OF EXTRINSIC ASTHMA (IMMEDIATE -TYPE HYPERSENSITIVITY: TYPE 1). ACUTE SYMPTOMS INCLUDE EDEMA AND BRONCHIOSPASMS; CHRONIC CASES MAY DEVELOP PULMONARY EMPHYSEMA. Cladosporium COMMONLY FOUND ON DEAD PLANTS, WOODY PLANTS, FOOD, STRAW, SOIL, PAINT AND TEXTILES. COMMON CAUSE OF EXTRINSIC ASTHMA (IMMEDIATE -TYPE HYPERSENSITIVITY: TYPE 1). ACUTE SYMPTOMS INCLUDE EDEMA AND BRONCHIOSPASMS; CHRONIC CASES MAY DEVELOP PULMONARY EMPHYSEMA. Curvularia IT MAY CAUSE CORNEAL INFECTIONS, MYCETOMA AND INFECTIONS IN IMMUNE COMPROMISED HOSTS. Ganoderma CONSIDERED A BASIDIOSPORE. EDIBLE IN MUSHROOM FORM AND A VERY IMPORTANT IN THE FOOD INDUSTRIES. Other Ascospores ONE OF THE MAJOR CLASSES OF FUNGAL ORGANISMS. THIS CLASS CONTAINS THE "SAC FUNGI" AND YEASTS. Other Basidiospores ONE OF THE MAJOR CLASSES OF FUNGAL ORGANISMS. THIS CLASS CONTAINS THE MUSHROOMS, SHELF FUNGI, PUFFBALLS, AND A VARIETY OF OTHER FUNGI. 1 ne aoove InTorma[lon was complleo Dy V KV-LAu/D5Y i M mc. from toe LFA --A t3net tiulde to Mold, Moisture, and Your Home" and the NYC Dept of Health" Guidelines on Assessment and Remediation of Fungi in Indoor Environments", at the request of and for the exclusive use of the client named on this report. This document is not a legal mandate and should be used for informational purposes only. Currently there are no Federal regulations for evaluating potential health effects of fungal contamination and remediation. This information is subject to change as more information regarding fungal contaminants becomes available. For moreinfomlation: visit hfp://www.epa.govrjaq/molds/index.htmi or www.nyc.govlhtmUdoh/html/ei/eimold.html. This document was designed to follow currently known industry guidelines for the interpretation of microbial sampling, analysis, and remediation. Since interpretation of mold analysis reports is a scientific work in progress, it may as such be changed at any time without notice. The client is solely responsible for the use and interpretation of these recommended action guidelines. PRO-LAB/SSPTM Inc. makes no express or implied warranties as to such use or interpretation. PR04 AB/SSPTM Inc. is not able to make and does not make a determination as to the environmental soundness, safety or health of a property from only the samples sent to their laboratory for analysis. The Client is hereby notified that due to the subjective nature of fungal analysis and the mold growth process, laboratory samples can and do change over time relative to the originally sampled material. PRO-LAB/SSPTM Inc. reserves the right to properly dispose of all samples after the testing of such samples are sufficiently completed or after a 7 day period, whichever period is greater.PRO-LAB / SSPTM, Inc. participates in the AIHA EMPAT program. Lab ID #163230 Page 2 PRO-LAB/SSPTM INC 1675 N Commerce Parkway Weston, Florida 33326 Toll Free: 800-427-0550 Test Address: SLACK -34 MAY ST., N. ANDOVER, MA 01845 Client: Act Environmental Inc./Jackson Home 1 195 Andover Street Andover, MA 01810 Phone: (978) 475-0444 Fax: (978)475-6140 Email- INFO@JACKSONHOMEINSPEC Your Results Mold Analysis Report NON-VIABLE Spore Trap Analysis Method SSPTM SOP 6110 Report Number: 081205-0211 Received Date: 8/12/2005 Analysis Date: 8/15/2005 Report Date: 8/15/2005 Suani Parodi, QA Manager Comments: Cellulose fiber -7 Insect fragment -1 Debris -moderate Penicillium/Aspergillus auu as THIS GROUP OF SPORES IS CONSIDERED COMMON TO INDOOR ENVIRONMENTS. COMMONLY FOUND IN SOIL, FOOD, CELLULOSE, AND ALSO CONSIDERED A COMMON CONTAMINANT OF FOOD. IT IS ALSO FOUND IN PAINT AND COMPOST PILES. IT MAY CAUSE HYPERSENSITIVITY PNEUMONITIS AND ALLERGIC ALVEOLITIS IN SUSCEPTIBLE INDIVIDUALS. COMMON CAUSE OF EXTRINSIC ASTHMA (IMMEDIATE -TYPE HYPERSENSITIVITY: TYPE 1). ACUTE SYMPTOMS INCLUDE EDEMA AND BRONCHIOSPASMS; CHRONIC CASES MAY DEVELOP PULMONARY EMPHYSEMA. MANY SPECIES PRODUCE MYCOTOXINS, WHICH MAY BE ASSOCIATED WITH DISEASE IN HUMANS AND OTHER ANIMALS. TOXIC PRODUCTION IS DEPENDENT ON THE SPECIES OR A STRAIN WITHIN A SPECIES AND ON THE FOOD SOURCE FOR THE FUNGUS. Pithomyces GROWS ON DEAD GRASS AND PLANTS. PROLONGED EXPOSURE CAN CAUSE FACIAL ECZEMA. CAUSES TYPE II ALLERGIES (HAYFEVER TYPE SYMPTOMS, ASTHMA). Rusts FOUND IN GRASSES, FLOWERS, TREES AND OTHER LIVING PLANT MATERIALS. COMMONLY CAUSES TYPE I ALLERGIES (HAY FEVER, ASTHMA) SYMPTOMS. NO REPORTS OF HUMAN INFECTION. RUSTS DO NOT GROW INDOORS UNLESS HOST PLANTS ARE PRESENT. THEY ARE PARASITIC PLANT PATHOGENS AND NEED A LIVING HOST FOR GROWTH. Smuts / myxomycetes COMMONLY FOUND ON CEREAL CROPS, GRASSES, WEEDS, OTHER FUNGI, AND ON OTHER FLOWERING PLANTS. OCCASIONALLY FOUND INDOORS. NO REPORTS OF HUMAN INFECTION. ­"P.-cu uy rmu-L mizar 1 m mc. rrom me CrA -_A uner tmuice to Mold, Moisture, and Your dome" and the NYC Dept of Health" Guidelines on Assessment and Remediation of Fungi in Indoor Environments", at the request of and for the exclusive use of the client named on this report. This document is not a legal mandate and should be used for informational purposes only. Currently there are no Federal regulations for evaluating potential health effects of fungal contamination and remediation. This information is subject to change as more Information regarding fungal contaminants becomes available. For more information: visit hftp://www.epa.gov/laq/moldsfindex.htmi or www.nyc.gov/html/dohlhtmi/ei/eimold.htmi. This document was designed to follow currently known industry guidelines for the interpretation of microbial sampling, analysis, and remediation. Since Interpretation of mold analysis reports is a scientific work in progress, it may as such be changed at anytime without notice. The client is solely responsible for the use and interpretation of these recommended action guidelines. PRO-LAB/SSPTM Inc. makes no express or implied warranties as to such use or interpretation. PRO-LABISSPTM Inc. is not able to make and does not make a determination as to the environmental soundness, safety or health of a property from only the samples sent to their laboratory for analysis. The Client is hereby notified that due to the subjective nature of fungal analysis and the mold growth process, laboratory samples can and do change over time relative to the originally sampled material. PRO-LAB/SSPTM Inc. reserves the right to properly dispose of all samples after the testing of such samples are sufficiently completed or after a 7 day period, whichever period is greater.PRO-LAB I SSPTM, Inc. participates in the AIHA EMPAT program. Lab ID #163230 Page 3 PRO-LAB/SSPTM INC 1675 N Commerce Parkway Weston, Florida 33326 Toll Free: 800-427-0550 Test Address: SLACK -34 MAY ST., N. ANDOVER, MA 01845 Client: Act Environmental Inc./Jackson Home I 195 Andover Street Andover, MA 01810 Phone: (978) 475-0444 Fax: (978)475-6140 Email: INFO@JACKSONHOMEINSPEC Your Results Mold Analysis Report NON-VIABLE Spore Trap Analysis Method SSPTM SOP 6110 Report Number: 081205-0211 Received Date: 8/12/2005 Analysis Date: 8/15/2005 Report Date: 8/15/2005 01W" Suani Parodi, QA Manager Comments: Cellulose fiber -7 Insect fragment -1 Debris -moderate Report Summary: Pro -Lab Number: 081205-0211 Sample Submitted: Air -O -Cell Elevated Mold Condition(s) Exists: No If YES: One or more of the samples in this report indicates the presence of elevated indoor mold spores or colonies for these specific locations only. Professional advice will be necessary to determine the appropriate actions to take to correct the conditions indicated. NO: The samples in this report do not indicate the presence of elevated indoor mold spores or colonies for these specific cations only If Inconclusive: No comparison sample received. The mold identified in this report is often associated with excess moisture and can be a problem in indoor environments at high levels. Since mold requires water to grow, it is important to prevent moisture problems in buildings. The presence of mold, water damage, or musty odors should be addressed immediately. In all instances, any source(s) of water must be stopped and the extent of water damage determined. Mold can grow on virtually any organic substance, as long as moisture and oxygen are present. When excessive moisture accumulates in buildings or on building materials, mold growth will often occur, particularly if the moisture problem remains undiscovered or unaddressed. Building materials, such as drywall are made of cellulose and are highly absorbent, perfect surfaces for mold growth when wet. Moisture problems may include roof leaks, plumbing leaks, landscaping or gutters that direct water into or under the building, and unvented combustion appliances such as gas stoves. Water damaged building materials supporting mold growth should be cleaned or replaced as quickly as possible in order to ensure a healthy environment. Specific methods of assessing and remediating mold contamination should be based on the extent of visible contamination and the cause of the damage. The most common symptoms of mold exposure are runny nose, eye irritation, cough, congestion, and aggravation of asthma. Individuals with persistent health problems that appear to be related to mold or other types of air quality contaminant exposure should see their physicians for a referral to professionals who are trained in occupational/environmental medicine or related specialties and are knowledgeable about these types of exposures. Decisions about removing individuals from an affected area must be based on the results of such medical evaluation. Since mold is naturally present in outdoor environments and we share the same air between the indoors and the outdoors, it is impossible to eliminate all mold and their spores from the indoor environment. The detection limit of fungal analysis using optical microscopy is one fungal spore or one fungal structure. The quantitation limits vary from analysis to analysis and from processing procedure to processing procedure. Contact us to determine your quantitation limits -FOR MORE INFORMATION, PLEASE CALL PRO-LABTm AT 1-800-427-0550 END OF REPORT The above information was compiled by PRO-LAB/SSPTM Inc. from the EPA "A Brief Guide to Mold, Moisture, and Your Home" and the NYC Dept of Health " Guidelines on Assessment and Remediation of Fungi in Indoor Environments", at the request of and for the exclusive use of the client named on this report. This document is not a legal mandate and should be used for informational purposes only. Currently there are no Federal regulations for evaluating potential health effects of fungal contamination and remediation. This information is subject to change as more information regarding fungal contaminants becomes available. For more Information: visit http:llwww.epa.govriaq/moldsrindex.html or www.nyc.govlhtml/doh/htmi/ei/eimold.html. This document was designed to follow currently known industry guidelines for the interpretation of microbial sampling, analysis, and remediation. Since interpretation of mold analysis reports Is a scientific work in progress, it may as such be changed at any time without notice. The client is solely responsible for the use and interpretation of these recommended action guidelines. PRO-LABISSPTM Inc. makes no express or implied warranties as to such use or interpretation. PRO-LAB/SSPTM Inc. is not able to make and does not make a determination as to the environmental soundness, safety or health of a property from only the samples sent to their laboratory for analysis. The Client is hereby notified that due to the subjective nature of fungal analysis and the mold growth process, laboratory samples can and do change over time relative to the originally sampled material. PRO-LABISSPTM Inc. reserves the right to properly dispose of all samples after the testing of such samples are sufficiently completed or after a 7 day period, whichever period is greater.PRO-LAB / SSPTM, Inc. participates in the AIHA EMPAT program. Lab ID #163230 Page 4 AIL hcq�-� . Iver ragoivi0 Consumer Affairs and Business Regulation Mass. Sept. 24, 2004 O v���; GOVERNMENT Mass.Gov_-Home State Government State Online Services _Home > Consumer > Housing_and. Home. -Improvement > Tenant &-Landlord. > �— Office of Consui Tenant Rights & Responsibilities EM Finding an Apartment Finder's Fee: Only a licensed real estate broker or salesperson can charge you a fee for the purpose of finding an apartment. The amount, due date, and the purpose of the fee must be disclosed to you prior to any transaction. There is no set amount to the fee, as it is a contractual arrangement between the licensed broker or salesperson and you. (M.G.L. c.-1.1 2.§87QQQ-j/2) Pre -payments: Before you move in, the landlord can only collect the first and last month's rent, one month's security deposit, and the purchase and installation cost for a lock and key. (M.G.L..a_186_§155) Right Against Unlawful Discrimination: Massachusetts law prohibits discrimination in housing on the basis of race, religion, national origin, age, ancestry, military background or service, sex, sexual preference, marital status, blindness, deafness, or the need of a guide dog, except in owner -occupied two family dwellings. (M.G.L,_c. 151 B_§4) No landlord can refuse to rent you an apartment because you receive a rental subsidy, because the apartment contains lead, or, with some exceptions, because you have children. Before Agreeing to Tenancy (or Signing a Lease): ■ Do not put money down unless you are sure you want the apartment. Although you may be legally entitled to the return of your money up until the landlord formally accepts you as a tenant, that money may be difficult to recover. • Calculate the anticipated costs of utilities (i.e., heat, electricity) when determining which apartments you can afford. • Know what is expected of you in terms of pre -payments or a finder's fee. • Check the apartment to ensure that it is in acceptable condition. Put all agreements for repairs in writing. • Evaluate the proposed tenancy agreement and the response record of non- resident superintendent to "after hours" emergencies. • Talk with prospective neighbors about the competency and reputation of the landlord and/or management company. Rental Agreements: According to state consumer protection regulations, a landlord must include the following in a written rental agreement: The names, addresses and telephone numbers of the owners and 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 behalf of the owner; • The amount of the security deposit and disclosure of rights under the Security Deposit Law. • You may want to meet the landlord of a small owner occupied building before you sign the agreement. This tends to foster a good and congenial relationship from the start. The landlord also must give you an executed copy of this agreement within 30 days of your signing it. (940 CMR 3.17 (3)) You and the landlord may agree verbally to the terms of vni it tananry It is cafar hnwavar to nat all tarmc in writinn ... /index.j sp?pageID=ocaterminal&L=4&LO=Home&L 1=Consumer&L2=Housing+and+Home9/24/2004 r agu /_ vi o ,. ,................... .. , . . ....... ..........�. Types of Tenancy Your legal rights may vary depending on what type of tenancy you have. A Tenant with a Lease is one who signs a lease to rent a particular apartment for a specified period of time. Under this tenancy, the landlord cannot increase your rent until the end of the lease, and cannot attempt to evict you before the end of your lease, unless you violate the lease agreement. You are legally obligated to pay your rent until the end of the lease. However, if you need to move out before the end of the lease, in most circumstances the landlord has a duty to help reduce your damages by looking for another tenant to replace you. A Tenant at Will is one who occupies a rented apartment without a lease, but pays rent periodically (typically monthly). The agreement for the Tenancy at Will may be either written or verbal. Either the landlord or you may terminate this arrangement at any time by giving written notice 30 days or one full rental period in advance, whichever is longer. No reason is required to terminate. If your landlord wants to raise your rent, s/he must send you a proper legal notice terminating your tenancy, and then make you an offer to remain in the apartment for the increased rent. If your tenancy is subsidized, you may have different rights and responsibilities than those summarized in this brochure. Paying the Rent As a tenant, you have a legal responsibility to pay your landlord rent for the use of a place that is in decent condition. Massachusetts law also provides you with rights that protect the payments you make to the landlord. (M.G.L. c. 186 §156) Prepayments: It is an unfair or deceptive practice for a landlord to demand that you pre- pay rent in excess of that allowed by law. (See Finding an Apartment.) Late Payment Penalty: A landlord cannot charge interest or a penalty on late rent 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. The landlord also cannot use a reverse penalty clause to encourage you to pay early. For example, it is illegal for a landlord to reduce the rent by 10% if the rent is paid within the first five days of the month. Rent Increases: A rental increase may be any amount the landlord wishes to charge. Rent for a tenant with a lease can be increased only when the lease term expires. Tenants at will may face a rent increase any time, as long as notice is received at least one full rental period, but not less than 30 days, before it becomes effective. Security Deposits and Last Month's Rent: Last month's rent is the pre -payment to the landlord for the last month of tenancy. A security deposit is a deposit of money to the landlord to ensure that rent will be paid and other responsibilities of the agreement will be performed. Neither may be greater than the amount of one month's rent. If the landlord later raises the rent, s/he can require you to increase the amounts of both pre -payments to equal the new rent. Neither the landlord nor you can transfer one for the use of the other without the other party's consent. Receipts:Upon receiving the last month's rent and/or a security deposit, the landlord must give you a receipt for each pre -payment. If the landlord collects the last month's rent, s/he must give you a statement indicating that you are entitled to interest on this rent and that you should provide the landlord with a forwarding address at the termination of tenancy where interest can be sent. Interest: The landlord must pay interest on both the security deposit and the last month's rent. The payment of interest on security deposits and last month's rent has been required by law since January 1, 1972, and April 1, 1984, respectively. ./index j sp?pageID=ocaterminal&L=4&LO=Home&L 1=Consumer&L2=Housing+and+Home9/24/2004 Page 3 of 8 Security deposit: you are entitled to either 5% interest or whatever lesser amount received from the bank where the deposit has been held, if you live in the apartment for at least one year. The law requires the landlord to hold a security deposit in a separate, interest bearing account in a Massachusetts bank. Within 30 days of receiving your deposit, the landlord must give you a receipt identifying the bank's name and address, the account number, and the amount of the deposit. Last month's rent: you are entitled to either 5% interest or whatever lesser amount received from the bank where the rent was held. If the last month's rent is not held in a bank account, the landlord must pay 5 percent interest per year. You do not have to live in your apartment for one year to be eligible for the interest. Payment of Interest: Interest is payable to you each year on the anniversary date of your tenancy. The landlord must send you a statement of the interest owed, and must either include the interest, or allow you to deduct the amount from the next rental payment. If you do not receive the interest within 30 days of the anniversary, then you may deduct the interest from the next month's rent. Once you terminate your tenancy, any interest owed to you must be paid within 30 days of termination. Statement of Condition: If a landlord or agent takes a security deposit, s/he must give you a signed, separate statement of the present condition of your apartment including a comprehensive list of any existing damage. The landlord/agent must provide you with this statement upon receipt of the deposit or within 10 days after the tenancy begins, whichever is later. If you do not agree with the contents of the statement, you must return a corrected copy to the landlord within 15 days after you receive the list or 15 days after you move in, whichever is later. If you fail to return the list and later sue to recover your security deposit, a court may view your failure to do so as your agreement that the list is complete and correct. If you submit a separate list of damages, the landlord must return it within 15 days of receipt with a clear written response of agreement or disagreement. The signed statement and the original condition statement are the basis upon which future deductions for damage will be made. If the landlord does not give you a Statement of Condition, you should write your own and send a copy to the landlord or agent and keep a copy for your records. Security deposit: you are entitled to either 5% interest or whatever lesser amount received from the bank where the deposit has been held, if you live in the apartment for at least one year. The law requires the landlord to hold a security deposit in a separate, interest bearing account in a Massachusetts bank. Within 30 days of receiving your deposit, the landlord must give you a receipt identifying the bank's name and address, the account number, and the amount of the deposit. Last month's rent: you are entitled to either 5% interest or whatever lesser amount received from the bank where the rent was held. You do not have to live in your apartment for one year to be eligible for the interest. Payment of Interest: Interest is payable to you each year on the anniversary date of your tenancy. The landlord must send you a statement of the interest owed, and must either include the interest, or allow you to deduct the amount from the next rental payment. If you do not receive the interest within 30 days of the anniversary, then you may deduct the interest from the next month's rent. Once you terminate your tenancy, any interest owed to you must be paid within 30 days of termination. Statement of Condition: If a landlord or agent takes a security deposit, s/he must give you a signed, separate statement of the present condition of your apartment including a comprehensive list of any existing damage. The landlord/agent must provide you with this statement upon receipt of the deposit or within 10 days after the tenancy begins, whichever is later. If you do not agree with the contents of the statement, you must return a corrected copy to the landlord within 15 days after you receive the list or 15 days after you move in, whichever is later. If you fail to return the list and later sue to recover your security deposit, a court may view your failure to do so as your agreement that the list is complete and correct. If you submit a separate list of damages, the landlord must return it within 15 days of receipt with a clear written response of agreement or disagreement. Andex.j sp?pageID=ocaterminal&L=4&LO=Home&L 1=Consumer&L2=Housing+and+Home9/24/2004 ragC + ui o The signed statement and the original condition statement are the basis upon which future deductions for damage will be made. If the landlord does not give you a Statement of Condition, you should write your own and send a copy to the landlord or agent. Damage Deduction for Security Deposits: The landlord must return your security deposit or balance within 30 days after the termination of tenancy. The landlord can only deduct for the following: any unpaid rent which has not been withheld validly or deducted in accordance with the law; any unpaid increase in real estate taxes if you were obligated to pay it under a valid tax escalator clause in your lease; and a reasonable amount necessary to repair any damage caused by you, any person under your control, or any person on the premises with your consent. Pet damage can also be deducted. You do not have to pay for reasonable wear and tear associated with normal use. If the premises are damaged, the landlord must provide you with a detailed list of damages and their necessary repairs within 30 days after the tenancy ends. The landlord or agent must swear to this list under the pains and penalties of perjury. In addition, the landlord or agent must provide you with written evidence indicating the actual or estimated cost of these repairs, such as estimates, bills, invoices, or receipts. Transfers of Pre -payments to New Landlords: Upon sale or transfer of the building, the landlord must credit the last month's rent and security deposit with any accrued interest to the new landlord. The new landlord must give written notice of the transfer within 45 days of receiving your money. If the former landlord fails to transfer the pre -payments to the new landlord, she/he is still liable, but the new landlord shall also be obligated to you for the amount of the pre -payments. The new landlord can satisfy this obligation by granting you free rent for a time equivalent to the payments made. You are entitled to the immediate return of your security deposit if the landlord • fails to make the security deposit records available for inspection during office hours; or • fails to provide you, within 30 days of receipt of the security deposit, a receipt with the name and location of the bank and the amount and account number of the deposit; • makes deductions for damages and fails to furnish you with an itemized list of damages within 30 days after termination of tenancy; or • uses a lease which contain provisions conflicting with the security deposit law and attempts to enforce these provisions or attempts to get you to sign a waiver of rights. Under the above-mentioned circumstances, the landlord cannot keep your security deposit for any reason, including making deductions for damages. And if the landlord fails...: • to deposit the security deposit into a bank account; • to return the security deposit (or balance after lawful deductions) with interest within 30 days after termination of tenancy; or • to transfer the security depositor last month's rent to the new landlord; ... you are entitled to the immediate return of your security deposit AND triple damages, plus court costs, and reasonable attorney's fees. You also are entitled to triple damages, the unpaid interest, court costs, and reasonable attorney's fees if the landlord fails to pay interest on the last month's rent within 30 days after termination of tenancy. Tenants' Rights Rights Against Unlawful Entry: Your landlord, or an agent for your landlord, may only /index.] sp?pageID=ocaterminal&L=4&LO=Home&L 1=Consumer&L2=Housing+and+Home9/24/2004 rage 3 ei a enter your apartment for the following reasons: ■ to inspect the premises; ■ to make repairs; to show the apartment to a prospective tenant, purchaser, mortgagee or its agents; in accordance with a court order; if the premises appear to be abandoned, or ■ to inspect the premises within the last 30 days of tenancy in order to determine the amount of damage to be deducted from the security deposit. The landlord should be reasonable and attempt to arrange a mutually convenient time to visit the apartment. If the landlord insists on entering your apartment in an unreasonable fashion, you may file for a temporary restraining order at your local district court. (M.G.L. c. 186,§§14 and 158) 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 your exercising your legal rights. If the landlord tries to raise the 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, unless the landlord can prove otherwise. The landlord will have the burden to prove that your tenancy was changed for reasons other than your having exercised your rights. (M.G.L. c. 186 §18) Habitability Rights: You are entitled to a safe and habitable living environment throughout your entire tenancy. The State Sanitary Code protects the health, safety and well-being of tenants and the general public. The local Boards of Health enforce the code. (Note: In Boston, it is the Housing Inspection Department.) Copies of the Code may be purchased from the State House Bookstore, State House, Room 116, Boston, MA 02133 (617)727-2834. The following is a sampling of provisions outlined in the Code: Water: The landlord must provide you with enough water, with adequate pressure, to meet your ordinary needs. You cannot be charged for water. If your tenancy agreement requires you to pay for water and sewer costs, that provision of your agreement is void and unenforceable. The landlord also must provide the facilities to heat the water at a temperature between 110°F and 130°F, however your written tenancy agreement may require you to pay for and provide the fuel to heat the water. Heat: The landlord must provide a heating system in good working order. The landlord must pay for the heat, unless your lease requires you to pay for it. From September 16 to June 14, every room must be heated to a least 68°F between 7:00 AM and 11:00 PM, and at least 64°F at all other hours. During the heating season, the maximum heat allowable in the apartment is 78°F. Kitchens: The landlord must provide within the kitchen: a sink of sufficient size and capacity for washing dishes and kitchen utensils, a stove and oven in good repair (unless your written lease requires you to provide your own), and space and proper facilities for the installation of a refrigerator. The landlord does not have to provide a refrigerator. If a refrigerator is provided, however, the landlord must keep it in working order. Cockroaches and rodents: The landlord must maintain the unit free from rodents, cockroaches, and insect infestation, if there are two or more apartments in the building. Structural Elements: Every landlord must maintain the foundation, floors, walls, doors, windows, ceilings, roof, staircases, porches, chimneys, and other structural elements of the dwelling so that it excludes wind, rain, and snow; is rodent -proof, weathertight, watertight, and free from chronic dampness; in good repair, and in every way fit for its intended use. Snow Removal: Every exit used or intended for use by occupants of more than one dwelling unit or rooming unit shall be maintained free from obstruction. .Iindex.j sp?pageID=ocaterminal&L=4&LO=Home&L 1=Consumer&L2=Housing+and+Home9/24/2004 rage 0 01 0 Tenants' Remedies Rent Withholding: The Massachusetts Supreme Judicial Court ruled that when a landlord fails to maintain a dwelling in habitable condition, a tenant may properly withhold a portion of the rent from the date the landlord has notice of this breach of warranty of habitability. Rent withholding can be a useful tool to force repairs, but it is a serious step and should be dealt with carefully. You may want to get legal advice before withholding your rent since the landlord may try to evict you for non-payment of rent. You may withhold a portion of your rent if: • You have appealed to your landlord in writing to make the necessary repairs; • Your local board of health has inspected your apartment and found health code violations and notified your landlord; and • You are current in your rent up until the time of the problem, you are not the cause of the problem, and the unsanitary conditions do not require the apartment to be vacated to make repairs. Deciding how much to withhold is based on each situation. You need only pay the fair rent for your unit given its defective condition. (M,G.L. c. 239,_§8A). Repair and Deduct: You may make emergency repairs in an apartment or common living area and deduct up to four months future rent to pay for them, if three conditions are met: The local board of health or other code enforcement agency has certified that the present conditions endanger your health or safety; The landlord receives written notice of the existing violations from the inspecting agency; and The landlord is given 5 days from the date of notice to begin repairs or to contract for outside services and 14 days to substantially complete all necessary repairs. (The inspecting agency or court may shorten this time frame.) If you qualify under the requirements of "repair and deduct," you may treat the lease as void. You then have the right to move out if you choose not to make repairs. However, you must pay the fair rental value for the period you occupied the apartment, and you must vacate within a reasonable period of time. Shutoff Rights: The landlord cannot cause the removal of shutoff or the utilities except for a temporary period during repair or emergencies. In cases when a landlord's account is about to be shut off for non-payment, the utility company must notify you 30 days before the scheduled termination. You also may be asked to pay part of the overdue bill to the utility, and deduct that payment from your rent. Contact the Department of Telecommunications and Energy at 1-800-392-6066 for more information. (M.G.L_ c. 164 §1241) Eviction A landlord cannot lock you out or throw you out of your apartment without a judge's order. If you are being evicted, Massachusetts law provides you with some protections. You may wish to consult with an attorney. Terminating and Reviving your Tenancy: Tenants with a Lease: Your landlord may attempt to evict you if you have not been paying your rent, or if you or people under your control have caused excessive damage to your apartment or you have violated the terms of your lease. Your landlord must first send you a "Notice to Quit" your tenancy. If the landlord is terminating your tenancy for non-payment of rent, s/he must send you a "14 Day Notice to Quit." (M G_L, c..156,_§11, and § 12) Your lease will specify the notice requirement for other terminations; it is typically seven days. /index.j sp?pageID=ocaterminal&L=4&LO=Home&L 1=Consumer&L2=Housing+and+Home9/24/2004 i age i vi v If you are being evicted for non-payment of rent, you may avoid the eviction if you pay all rent owed, plus interest, and the landlord's cost of filing an eviction case on or before the date your Answer is due. Tenants at Will: Your landlord must send you a 14 Day Notice to Quit" if terminating your tenancy for non-payment of rent. (M_.G.L. c..186.§12) If it is being terminated for any other reason, you must be given written notice 30 days, or one full rental period in advance, whichever is longer. If you are being evicted for non-payment of rent, you may avoid the eviction by paying the rent due within 10 days of receiving this notice, as long as this is the first notice you have received within the last 12 months. If there is no statement of your right to revive the tenancy in the Notice, you have until the date your Answer is due. Landlords of public housing tenancy must go through the local housing authority then proceed with the eviction. Summary Process and Complaint: After the notice period has passed, the landlord must deliver to you a "Summary Process and Complaint." This officially informs you that the landlord is taking legal action against you. It will state the date of the eviction hearing and the date on which the Answer must be filed. Answer: The Answer is a written response from you stating why you should not be evicted. It also gives you the chance to make counterclaims against your landlord, which may include health code violations, retaliation, harassment, security deposit violation, or improper eviction procedure. It must be received by the court and the landlord the Monday before your court date. Keep a copy for yourself. Judgment and Appeal: The judgment is entered with the clerk of the court on the Friday after the trial. If you lose the case, you may appeal the decision and request a new hearing. If you appeal, you must file a Notice to Appeal within 10 days after the date the judgment is entered. An appeal bond is usually required, but may be waived if you cannot afford it; and you have a non -frivolous defense. Execution: The execution is the judge's eviction order; the landlord cannot physically evict you without this paper. If a physical eviction is to be allowed, the court will give the landlord the execution 10 days after the judgment is entered. You must receive written notice of the date and time the physical eviction will be take place at least 48 hours in advance. On the date set in the 48 hour notice, you must leave your apartment. The landlord may use the execution anytime within a 3 month period. However, if you were evicted for non-payment of rent, and the landlord accepts payment of the entire amount won in the summary process action and your current rent, then the landlord cannot use the execution at any point and must return it to the court. The Stay of Execution: If the eviction was not your fault or you cannot in good faith find a place to live, you may be able to convince a judge to grant you a Stay of Execution, allowing you to stay in your apartment for up to six months. Elderly or disabled tenants can request a stay of up to one year. If you are being evicted for non-payment of rent, you do not have any legal basis to request a stay. However, if your damages (which may arise from counterclaims filed against the landlord) are less than the amount owed to the landlord (e.g. back rent), you have 7 days to avoid eviction by paying the balance, with interest, and court costs. (M.G._L c..239, §8A) Eviction: When the date written on the execution order arrives, you must move out. If you do not, a sheriff or constable may remove your belongings and place them in storage, unless you give permission to have them put on the street. If your belongings are put in storage, the mover should make a descriptive list of all stored items. Your former landlord has the right to sue to recover these eviction costs. The storage company will have a lien on your belongings, which can be enforced by selling the goods. The storage company, however, cannot sell your belongings without waiting 6 months. You are not required to _­L__I. __._LL_ �_�..�..-L.._.-:L. ..._ _..i _X __ P 1 ..... _1:II _..._ LL- /index. j sp?pageID=ocaterminal&L=4&LO=Home&L 1=Consumer&L2=Housing+and+Home9/24/2004 Pay odcK rem to yet you[ [u1111ture Out of 51,01aye. out, you 51111 owe me arnuunt ure coup finds due, until you pay it for 20 years hence. (M.G.L.. c. 239, §4) Moving Out Before you move out, you should consider scheduling an appointment with the landlord for an inspection of your apartment. This may help prevent future disputes with your landlord about apartment damage. Review the Statement of Condition form if you gave the landlord a security deposit. On the day you leave, be sure to clean the apartment. You also may want to take and date pictures of the condition of your apartment at the moment you move out. These photographs may help resolve security deposit disputes. If you paid the landlord a security deposit or last month's rent, leave the landlord your forwarding address so s/he can mail you any interest you are owed. Documents Keep good records of rent payments, complaints, contacts with your landlord, attempts at repair, correspondence, and other important events and documents relating to your tenancy. These will help you resolve disputes in court and out. Sources of Help Housing Discrimination: Massachusetts Commission AAclainst Discrimination (617) 727-3990 Licensing Issues of Real Estate Agents ! Salespersons: Division of Registration. Information: Real Estate Board (617) 727-2373 Complaints: Office of Investigations (617) 727-7406 Lead Paint Removal: Department of Public Health Childhood Lead Poisoning Prevention Program (617) 284-8400; Toll Free: (800) 532-9571 Face -to -Face Mediation: For the program in your area call: Attorney General's Consumer Hotline (617) 727-8400 Homelessness Prevention and Mediation for Low -Income Tenants and Their Landlords: Department. of Housing _and _Community Development For the Homelessness Intercept Program in your area call: (617) 727-7765 To Obtain Legal Assistance: Massachusetts Bar Association Lav,/)ter Refer_ral_Program (617) 654-0400; Toll Free in MA: (800)-392-6164 Legal Services Programs for Low -Income Consumers Call the Office.of Consumer Affairs and Business Regulation Toll Free: (888) 283-3757 Prepared by:Massachusetts Association of Realtors © 2004 Commonwealth of Massachusetts r ar:,Go Vro Site Map Site Policies Contact Us /index.] sp?pageID=ocaterminal&L=4&LO=Home&L 1=Consumer&L2=Housing+and+Home9/24/2004 Landlord Rights and Responsibilities Home > Consumer > Housing and Home Improvement > Tenant & Landlord > Landlord Rights and Responsibilities Finding a Good Tenant Finder's Fee: When renting an apartment, you are not permitted to charge a finder's fee to a prospective tenant if you ore also the landlord of the unit. (M.G.L. c. 112 §87DDD-1/2 and 254 C.M.R. § 2.01 et seq). Only a licensed broker or salesperson can lawfully collect a fee for bringing together a landlord and a tenant. Duty Not to Discriminate UnlavOlully: A matrix of Federal, State and local laws combine to prohibit discrimination on the basis of race, color, national origin, ancestry, sex (gender), sexual orientation, age, marital status, religion, military/veteran status, blindness, hearing impairment, receipt of public assistance or housing subsidy, and children, with minor exceptions. Discrimination is prohibited against children because the apartment contains lead paint and you do not want to incur the expense of de-leading the apartment. Be certain your rental agents understand that you will not tolerate rental discrimination. Screening Prospective Tenants: Because paying your mortgage is directly dependent upon your tenants paying you, you should always run a credit check and a check of the tenant's prior rental history through companies making this information available for a nominal fee. You should always confirm current employment, salary level, prospects for remaining with the employer, and landlord references from not just the current landlord, but the tenant's landlord just prior to the prospective tenant's current landlord. Also, you may want to meet your tenants prior to giving final approval, especially in an owner -occupied multi -unit rental. The rule of thumb that tenants should pay no more than 1/4 of their income for rent has been stretched beyond that recommendation by increases in market rents. However, if the tenants offer a co -signature of a parent or friend on their lease to guarantee their rental obligation to you, consider carefully that a guarantee by an out-of- state signer is very difficult to enforce. Pre -Rental Preparation of The Apartment: Before renting an apartment, you should inspect it completely after the current tenant vacates or near the end of the current tenant's occupancy to assess any damage, to assure that it is in good repair when attempting to re - rent the apartment, and for the incoming tenant once it has been rented. You are obligated under certain circumstances to have the local Board of Health inspect and verify that the apartment meets State Sanitary Code and safety standards prior to re -renting. It makes good business sense to do this in all occasions whether required to or not, because anticipating and resolving problems before they become major issues is essential to the smooth, cost-effective and profitable operation of residential property. Inspector's Sign -.Off Once All Violations Cited Have Been Repaired: Obtain the Inspector's sign -off once all violations have been corrected. This sign -off also acts as a violation -free base line if the tenant should claim there are problems with the apartment after taking occupancy. Obligation to Delead The Apartment: Whenever a child under the age of six (6) resides in residential premises containing unlawful levels of lead, you are obligated to properly remove the offending substances. (M.G.L.c. 111, § 199(a)). You or your agent are required to give the Massachusetts Lead Law Notification form to tenants regarding the dangers of lead paint, and the requirement to remove lead paint where children under the age of six (6) intend to reside. Maximum Pre -payments: While a tenant may have a pet, or some interest such as portrait painting, which may potentially harm the apartment, you are prohibited from Page 1 of 10 http://www.mass.gov/portal/index.jsp?pageID=ocaterminal&zL=4&LO=Home&L 1=Consurn... 5/5/2005 Landlord Rights and Responsibilities collecting as advance payments more than the first and last month's rent, one month's security deposit, and the cost of installing a new lock. (M.G.L. c. 186 §15B) It is an unfair or deceptive practice for you to demand that a tenant prepay rent when a tenant is not obligated to and did not, in fact, occupy the dwelling, unless otherwise agreed to in writing by both parties. (940 CMR § 3.1 7 (6) (d)). A violation of the Consumer Protection Statute, c.93A, for committing an unfair or deceptive act against a tenant exposes you to up to treble damages, costs and payment of the tenant's attorney's fees. Types of Tenancies Your legal rights will vary depending on the type of tenancy. A Tenant Under Lease: A lease generally means a signed agreement to rent an apartment for a finite time, for a specific amount of money usually paid per month. You may not evict the tenant before the end of the term, unless the tenant violates some provision of the lease. You may not increase the rent until the end of the term, Unless the lease states otherwise. Most leases provide that if the tenant violates the lease you may evict the tenant. A fourteen (1 4) day notice to quit is required for nonpayment of rent. (M.G.L._c, 1.86,.§11.). Although your tenant has agreed to pay you for every month of the tenancy the lease exists, if the tenant leaves the apartment without your consent, the tenant, except as stated below, owes rent for the entire remaining balance of the lease. However, you must make reasonable efforts to find a new tenant to take over the balance of the former tenant's lease. This is known as the landlord's duty to mitigate damages. Tenancy At Will: You have a Tenancy at Will when, with your permission, a person occupies your apartment, paying rent regularly, usually monthly. A Tenancy at Will may be written or oral. Either you or your tenant may terminate this agreement at any time for a specific reason or for no reason by giving 30 days written notice or notice which covers a full rental period, whichever is longer. Termination of a Tenancy at Will for nonpayment requires only a 14 day notice to quit. (M.G.L. c. 1.86, § 12) While a valid Tenancy at Will may be either oral or written, reducing the agreement to writing provides added protections for both you and the tenant, and this should be done at all times. It is also recommended that the tenancy agreement be written because, in the absence of a writing placing the burden of paying utilities on the tenant, the law places the burden of paying those utilities on the landlord, even in the face of an oral agreement stating the tenant will pay them. A handshake is nice, but a written agreement is far better. (105 C.M.R. § 410.190, § 410.201, § 410.354.) Subsidized Tenancy: Most aspects of a subsidized tenancy are controlled by the lease and applicable State and Federal law, much of which differs from the summaries given here for market rate tenants. Security Deposit and Last Month's Rent A last month's rent is a prepayment made at the beginning of the tenancy to the landlord to be applied to the last month of the tenancy. There is no requirement for you to escrow the money in a separate interest-bearing account. A receipt must be given at the time the last month's rent is taken indicating the amount, date of receipt, a notation identifying the money as a last month's rent, the name of the person receiving the money or for whom the money is being received, the description of the premises for which the last month's rent is Page 2 of 10 http://www.mass.gov/portal/index.jsp?pageID=ocaterminal&L=4&LO=Home&L 1=Consum... 5/5/2005 Landlord Rights and Responsibilities taken, a statement indicating the tenant's entitlement to yearly interest at the rate of 5 percent or such lesser amount as the landlord actually receives if the landlord chooses to escrow the money, and a statement telling the tenant to provide a forwarding address by the end of the tenancy to which the interest may be sent. Upon increase of the rent, you may require the tenant to increase his or her last month's rent to the current rent level. (M.G.L. c. 186, § 15B). Payment of Interest On Last Month's Rent: Interest must be paid to the tenant either on the anniversary date of the tenancy or on a pro -rata basis, if the tenancy ends before one year, for all months except the last month of the tenancy. On the anniversary date of the tenancy, the landlord must send a statement as to the amount of interest due with payment of that interest or a statement indicating that the tenant may deduct the appropriate amount from the next rental payment. If you have not sent either of the above to the tenant by the anniversary date of the tenancy, the tenant may lawfully deduct the prescribed amount of interest from the next rental payment. This deduction is not a breach of the tenancy agreement allowing eviction. If you do not pay the interest within 30 days after the end of the tenancy, or the removal of the tenant from the premises, you will be exposed to liability of three times the interest due, plus court costs and attorney's fees. (M,G.L._c. 186, § 15B (2) (a)). Transfer of Last Month's Rent to New Landlord: Upon the sale, foreclosure or other transfer of the building, the landlord must transfer the last month's rent to the new landlord with accrued interest. The new landlord must give the tenant written notice of the transfer within 45 days of receipt. If the former owner fails to make the proper transfer, s/he is still liable to the tenant, but so is the new landlord in the amount of the last month's rent. The new landlord can discharge their duty to the tenant, by allowing the tenant to live free for a period covered by the last month's rent. Security Deposit: A security deposit is money, paid by the tenant to you, and held in a separate interest-bearing escrow account to indemnify you against losses due to the tenant's failure to pay rent, failure to pay appropriate tax escalators, or if the tenant damages the premises. Because this deposit belongs to the tenant until properly applied by you, you must: 1. Hold the deposit in an interest-bearing Massachusetts bank separate from your own money; 2. Give a receipt to the tenant within 30 days of taking the deposit, identifying the bank, address, account number, and the amount of the deposit held; and 3. Pay 5 percent interest or any lesser amount of interest actually received from the bank where the deposit is held, if the tenant resides on the premises for at least one year. Said payment is to he made on the anniversary date of the tenancy. Payment of Interest on Security Deposit: On the anniversary date of the tenancy, you must send the tenant a statement of the interest owed with a check for the interest, or you must notify the tenant that s/he may deduct it from the next rental payment. If within 30 days of the anniversary date of the tenancy you have failed to pay the interest, the tenant may lawfully deduct it from the next rent payment. Upon termination of the tenancy, you must forward the interest due to the tenant within 30 days. Statement of Conditions: Either upon receipt of the deposit or within ten (10) days thereafter, you must provide the tenant with a Statement of Conditions, which contains a comprehensive list of all then -existing damage to the unit, which list is signed by you or your agent. The notice must inform the tenant that s/he must sign the list within fifteen (15) days of receipt or move -in, if it is correct. You must further inform the tenant that failure to re -submit the list may allow a court to view the tenant's failure to sign as agreement to the completeness of the landlord's proposed Statement of Conditions. You then have fifteen (15) days to sign off on the tenant's list of damages or to send a clear statement of disagreement to the tenant. Although there are forms available for these purposes, it is Page 3 of 10 http://www.mass.gov/portal/index.j sp?pageID=ocaterminal&L=4&LO=Home&L 1=Consum... 5/5/2005 Landlord Rights and Responsibilities recommended that an attorney or other real estate professional be consulted when taking a security deposit. Deductions From Security Deposit: Upon termination of the tenancy, you must return the security deposit or balance thereof within thirty (30) days of the tenant's vacating the apartment. You may only deduct for the following items: • Unpaid rent not lawfully withheld; • Unpaid increases in real estate taxes the tenant is bound to pay pursuant to a valid tax escalator clause in the lease; and • Any reasonable amount necessary to repair damage caused by the tenant or their pets or guests. • The normal wear and tear in an apartment is not a deductible item of damage. If you deduct for damages, you must provide the tenant with a statement sworn to under the pains and penalties of perjury listing the damages for which you are deducting along with documentation showing the actual or estimated costs of these repairs such as bills, receipts, or invoices. You may not deduct for damages set out in the respective Statements of Conditions unless you made repairs to them subsequent to the start of the tenancy and they were again damaged by the tenant or persons within the tenant's control. If damages exceed the security deposit, you are free to sue for those as well. Transfer of Security Deposit to New Landlord Notice From New Owner: Within forty-five (45) days of the transfer, the new owner must notify the tenant that the security deposit has been transferred and that s/he is holding it for the benefit of the tenant. The notice must be written and must contain the new owner's name, business address, business telephone number, and the same information for any agent. Penalties For Failure to Properly Handle Security Deposit: If you do the following, the tenant is entitled to the immediate return of the security deposit: • Fail to make the security deposit records available to the tenant during business hours; • Fail within thirty (30) days of taking a security deposit to give the tenant a receipt with the name, address of the bank where the money is held, and account number of the bank in the amount of the deposit; • Make deductions for damages without submitting the proper documentation described above; or • Use a lease with provisions that conflict with the security deposit law and you attempt to enforce this lease or attempt to make the tenant waive his or her rights. If you do the following, the tenant is entitled to the immediate return of the security deposit and treble damages, court costsand attorney's fees: • Fail to place the security deposit into a Massachusetts interest-bearing bank account separate from your own; • Fail to return the security deposit or balance thereof within thirty (30) days after termination of the tenancy; or • Fail to transfer the security deposit to the new landlord. (M.G.L. c. 186, § 15B). A new landlord has the some transfer responsibilities as stated above for last month's rent. Continuing Liability of Former Owner: The former owner and agent remain liable under Page 4 of 10 http://www.mass.gov/portal/index.j sp?pageID=ocaterminal&L=4&LO=Home&L 1=Consum... 5/5/2005 Landlord Rights and Responsibilities the treble damages provision of the Statute for retention and accounting, until either: 1. The security deposit has been transferred and the tenant has been given the above - written notice; or 2. The security deposit has been returned to the tenant. The new owner has full liability for treble damages, even if the former owner fails to transfer the security deposit and fails to give the proper notice described immediately above. It is recommended that if you choose to take a security deposit, you consult an attorney or other real estate professional before doing so, because the penalties for failing to properly handle the tenant's money are severe. Other Common Landlords' Rights, Duties and Responsibilities The Right to Prompt Payment: You have the right to receive the rent on the first of each month unless the parties otherwise agree. There is no grace period in Massachusetts and therefore if the tenant does not pay on the first of the month, you may begin an eviction by sending a notice to quit. The Right to Have Compliance With Tenancy Agreement: You have the right to have the tenant abide by the terms of the tenancy, whether it is oral or written. If the tenant breaches the terms of the tenancy, for example by having unauthorized sub -tenants, pets, smokers, or other prohibited uses such as raising pigeons in the apartment, you have the right to terminate the tenancy and to move to evict. See Eviction below. Increasing Rent: You may increase the rent in any amount you believe the market will bear for a non -subsidized unit or for a unit thatdoes not fall under the few remaining restrictions of rent control pertaining to mobile homes, under the following circumstances. Under a tenancy at will, you must end the tenancy and notify the tenant of the rent increase at least a full rental period in advance, but not less than 30 days in advance of the effective date of the increase. You may only increase the rent of a tenant under a lease after the lease term expires, unless the lease states otherwise. Typically, the lease will state notice deadlines for renewal which should be observed when seeking a rent increase of a tenant under lease. Rent increases can be complicated. The advice of an attorney should be sought before attempting it. For, doing it incorrectly, could lead to costly, time-consuming and needless problems or litigation with your tenant. (M.G.L. c. 186, §§ 11 and 12). Late Payment Penalty: You may not charge a late fee or penalty for rent paid past the due date unless it is paid 30 days or more past the due date. A reverse penalty to encourage early payment is also illegal. For instance, where you promised to reduce the rent by 10 percent if the rent is paid within the first five days of the month, this is an illegal provision. (940 CMR § 3.17 (6) (a)). However, because there is no "grace period," you may begin eviction if the rent is only one day late. Utilities: You may require tenants to pay their own electricity and gas bills. But, if you do not put this obligation in a written tenancy agreement, you may later be charged with paying past utility bills, if the tenant refuses to pay, despite having verbally agreed to pay them. The Right to Enter The Apartment: A landlord may generally enter the apartment at reasonable times and upon reasonable notice for these reasons: Page 5 of 10 http://www.mass.gov/portal/index.j sp?pageID=ocaterminal&L=4&LO=Home&L 1=Consum... 5/5/2005 Landlord Rights and Responsibilities • To show the apartment to prospective tenants, purchasers, lenders or their agents; • To inspect the premises; • To make repairs; • To inspect within 30 days of the end of the tenancy to determine damages to be deducted from the security deposit; • If the premises appear to be abandoned; or • Pursuant to Court order. Duty to Provide Habitable Premises: You must provide habitable apartments and common areas for the entire tenancy in accordance with the minimum standards of the State Sanitary Code which seeks to protect the health, safety, and well-being of your tenants and the general public. Heat: Landlords must provide a heating system for each apartment or one system that services all apartments in good working order. The landlord must pay for the fuel to provide heat and hot water and electricity unless the written rental agreement states that the tenant must pay for these. The heating season runs from September 16 through June 14th, during which every room must be heated to between 68 degrees Fahrenheit and not more than 78 degrees Fahrenheit between 7:00 a.m. to 11:00 p.m., and at least 64 degrees Fahrenheit at all other hours. Kitchens: In each kitchen landlords must provide a sink sufficient for washing dishes and kitchen utensils, stove and oven in good working order, unless the written rental agreement states the tenant must provide this, and electrical hook-ups for installation of a refrigerator. The landlord is not required to provide a refrigerator but, if s/he does, it must be maintained by the landlord in good working order. Water: The landlord must provide water at the landlord's expense with sufficient pressure to meet the ordinary needs of your tenants. You must provide the facilities for hearing water to a temperature between 110 degrees Fahrenheit and 130 degrees Fahrenheit and you must pay for this fuel unless the written tenancy agreement states that the tenant must pay for it. Infestation: You must maintain the common areas and apartments free from rodent, insect and other infestation if there are two or more apartments in the building. Structural Elements: You must maintain the foundation, floors, walls, doors, windows, ceilings, roof, stairwells, porches, chimneys and all structural elements so as to exclude wind, rain, and snow; so as to be rodent -proof, weather tight, watertight, and free of chronic dampness, in good repair and fit for human habitation at all times. Maintenance of Exits: Each exit used or intended for use by the building's occupants must be maintained by you and kept free of all snow, trash and other obstructions. Tenants' Rights Rent Withholding: If you fail to maintain the premises during the entire tenancy, in habitable condition, your tenants may rightfully withhold part of the rent from the date you have notice of breach of the Warranty of Habitability, if: • They complained to you of defects or problems or the Board of Health cited the apartment or building for Code violations; • The tenant was not in arrears in rent before you knew of the conditions complained of; • You do not show that the complained of conditions were caused by the tenant or occupant; Page 6 of 10 http://www.mass.gov/portal/index.jsp?pageID=ocatenninal&L=4&LO=Home&L 1=Consum... 5/5/2005 Landlord Rights and Responsibilities • The premises are not in a hotel or motel or in a lodging house in which the tenant had resided for less than three (3) consecutive months; and • You fail to show that the needed repairs are so extensive that the apartment must be vacated to complete them. Repair and Deduct: Your tenant may validly make repairs him/herself and deduct from future rent if: • The Board of Health certifies that there are violations present which may endanger health, safety, or well-being of the residents; • You are notified in writing of the violation; • You have failed to contract with someone to do the repairs within five (5) days of receiving written notice or you fail to substantially complete the repairs within fourteen (114) days of receiving notice; • The tenant did not cause the violations; • The tenant must deduct only reasonable amounts of rent in light of the violations and alternative corrective measures; and • The tenant did not unreasonably deny you accessto make repairs. The tenant is limited to a maximum deduction of four (4) months in a twelve (12) month period. If your tenant does not wish to make repairs, and the problems have been certified by the local Board of Health to exist as described above, the tenant may declare the tenancy void and may leave within a reasonable time so long as, the tenant pays the fair rental value for the time s/he occupies the apartment. (M.G.L. c. 111, § 127L). Retaliation: You cannot retaliate against your tenants for exercising their legal rights such as complaining to you or the Board of Health about problems with the apartment, joining a tenant's union or lawfully withholding rent or repairing and deducting. It will be presumed that you are retaliating against your tenant if within six (6) months of the tenant's exercising any protected rights as briefly stated above, you terminate the tenancy, increase the rent, or otherwise attempt to change the terms of the tenancy. In order to then avoid penalties of up to three (3) month's rent, attorney's fees and costs of the action, you will then have to prove in court non -retaliatory reasons for doing these acts. Keeping Good Records Like any business, the efficient operation of residential property requires good record keeping. It is strongly urged that you keep detailed records of all aspects of the tenancy. In addition to the extensive records required of you if you take a security deposit, you should keep records of all contacts and complaints by tenants, with dates and notes regarding conversations; contacts with repairmen, health department inspections, invoices, paid repair and stock bills, and similar information. Massachusetts tenants have many rights and remedies. Frequently, good records mean the difference between winning and losing your case in court, or avoiding court altogether. Evictions Resolving Disputes Without Court: When complaints or disputes with tenants arise, investigate them and address them quickly. Ignoring tenant complaints or flatly refusing to address them can lead to costly, acrimonious, eviction cases, and a prolonged stoppage of rent payments while the matter is litigated. While bills are pending in the state legislature that would require rent escrowing by the tenant who contests an eviction, as of this writing, there are no such requirements in existence. Therefore, it is prudent to try to resolve all issues before filing an eviction case in court, after which time, the tenant may well cease paying rent until a judge tells him or her how much and when they must begin paying. again for their continued occupancy of your apartment. This could and often does take many months to resolve if contested. Page 7 of 10 http://www.mass.gov/portal/index.j sp?pageID=ocaterminal&L=4&LO=Home&L 1=Consum... 5/5/2005 Landlord Rights and Responsibilities In attempting to work with tenants having a hard time financially, or suffering other problems which interfere with their living up to their agreement with you, do not allow the problems to drag on for long without fairly quick written resolution. Because Summary Process cases (eviction cases) can take months to resolve, especially if contested, if you allow a nonpayment situation to continue for long without receiving regular payments against the arrearage,. you will have lost many months of rent by the time you win an execution (court order for the move out). In the absence of any mandatory rent escrowing requirement, you will likely lose the rent entirely for the intervening months. Early Termination Near the end of a lease, you may sometimes begin eviction, if you have substantial grounds to believe the tenant is likely to continue in possession of the premises after the termination date in the lease. However, no Execution (court order for the move out) can issue before the termination date in the lease. But, you will have saved time and perhaps the incoming tenancy by having the court's permission before hand to evict a tenant holding over after his or her lease has ended. (M.G.L. c. 239, § 1A). No Lock -outs If you want a tenant out of your apartment permanently, the only way to evict the tenant lawfully is by getting an Execution (court order for the move out.) You cannot lock out a tenant under any but, a few narrowly interpreted and exceptional circumstances. The penalties for unlawfully shutting off the tenant's utilities or for unlawfully barring a tenant access to the apartment without an Execution can be severe, running the gamut from three month's rent, attorney's fees, and injunctions forcing you to put the wronged tenant back into the apartment, and criminal penalties and fines in some instances. (M.G.L. c. 186, § 14). Termination of Tenancy: Notice to Quit Tenants Under Lease: If you want to evict a tenant under a lease for a reason other than nonpayment, such as having unauthorized subtenants, or property damage, the lease will generally tell you what type of Notice to Quit you must use and when to serve it. If you are evicting the tenant for nonpayment, you must send a 14 day Notice to Quit. (M.G.L. c. 186, § 11). But, if the tenant pays all monies due, plus costs, interest and your court filing fees by the date her Answer is due in court, the tenant has an absolute right to stop the eviction. Tenants at Will: If you are evicting for a reason other than nonpayment or for no reason, you must give the tenant a 30 day Notice to Quit. If the eviction is for nonpayment, you must give 14 day Notice to Quit. But, if the tenant pays the amount claimed due, plus costs, interest and your court filing fees in 10 days, and if this is only the first Notice to Quit for nonpayment within 12 months, the tenant has an absolute right to stop the eviction. If you do not place notice of this fact in the Notice to Quit, the tenant has a right to stop the eviction by paying the above sums not later then the date his Answer is due in court. (M.G.L. c. 186, § 12). Subsidized Tenancies: While eviction of these tenants is no longer subject to the exclusive authorization of the local housing authority, eviction is still controlled by the specific terms of the lease and by a matrix of federal and state law. An attorney should be consulted when evicting a subsidized tenant. The many types of Notices to Quit vary depending on the type of tenancy sought to be terminated and the rights you wish to reserve to yourself after terminating the tenancy. The rules governing timing and method of service are confusing to the new landlord as well. It Page 8 of 10 http://www.mass.gov/portal/index jsp?pageID=ocatenninal&L=4&LO=Home&L1=Consum... 5/5/2005 Landlord Rights and Responsibilities is recommended that you should not rely solely on the advice of a constable when sending a Notice to Quit, but rather that you also consult an attorney before you move to evict. Although most constables are knowledgeable as to service, they may not know all of the requirements of terminating tenancies technically required of you in order not to have your case dismissed in court, or to reserve certain rights to you. Summons and Complaint When the notice period ends, you or your lawyer must serve a Summary Process Summons and Complaint on the tenant. This officially brings the tenant under the court's power and informs him or her of the trial date, the place of the hearing, the reasons for eviction and how much money, if any, you claim the tenant owes you. Answer This is the tenant's written response sent to you in which s/he states why s/he should not be evicted and what, if any, counterclaims for money damages s/he has against you such as violations of the State Sanitary Code, retaliation, or faulty eviction procedures. Trial If you cannot reach an agreement with the tenant resolving the reasons for eviction, there will be a trial. At this hearing, the tenant and you or your lawyer present your witnesses and documents and a judge or jury decides if you win or if the tenant wins and how much money, if any, the tenant must pay or how much, if any, you must pay the tenant. Appeal Either party may appeal within 10 days of entry of the judgment, if dissatisfied with the outcome of the trial, by filing a Notice of Appeal. (M.G.L. c. 239, § 3, 5 and M.G.L. c. 231, § 97). But, as a condition of the tenant's appeal, s/ he must post an appeal bond in an amount determined by the court. Or, the court may waive the bond if the tenant can show s/he is indigent and has a real defense. If the bond is waived by the court, the tenant must still pay the rent which comes due during the appeal. If the court will not waive the bond, the tenant must pay past due rent and rent accruing as the appeal progresses, if the tenant wants to stay in the apartment during the appeal. The tenant cannot be physically evicted until the appeal has been dismissed or decided. Appeals are fraught with procedural pitfalls and should be undertaken with a knowledgeable attorney. Execution The execution is the court's order requiring the tenant to move from the apartment. After . the appeal is decided or dismissed, execution will issue, but not before then. The execution must be used within three months of its issuance or it expires. If you accept the full amount of the rent awarded by the court in a nonpayment case, you effectively waive your right to remove the tenant and you have created a new tenancy. Physical Moveout To physically remove the tenant from your apartment, you must hire a constable and a moving company, if the tenant has refused your request to go. The constable must give the tenant 48 hours notice that s/he is coming with the truck. On the date set, the constable goes to the prop- erty, physically removes the tenant and her goods, orders the Page 9 of 10 http://www.mass-gov/portal/indexj sp?pageID=ocaterminal&L=4&LO=Home&L I =Consurn... 5/5/2005 Landlord Rights and Responsibilities movers to store them in a storage facility, at your expense initially, and gives the keys to you. That ends the eviction process. The tenant must now go to the storage company for her property. Because the warehouse has a lien on the property for its unpaid fees, if the tenant does not retrieve the property within six months, the warehouse may sell it. You may sue the tenant for your costs of the eviction. (M. G. L. c. 239, § 4). Stay of Execution If the eviction was a no-fault eviction and if the tenant cannot find a new apartment, s/he may ask the judge for a stay of execution of up to six months, or if s/he is elderly or handicapped, up to one year. If the eviction was for nonpayment, technically, the judge has no power to grant a stay. However, if in a nonpayment case, the tenant's award on his counterclaims was less than the amount of rent awarded to you, the tenant can avoid eviction by paying the difference, with interest and court costs in seven (7) days. (M.G.L c. 239, § 8A). Documentation When the tenant is leaving, you should view the apartment, take pictures and review the statement of conditions, if any, so as to definitively verify the condition of the apartment on the date of move out. This will establish what was damaged by the tenant during his time in the apartment and should avoid a later problem with security deposit deductions and possible litigation Page 10 of 10 http://www.mass.gov/portallindex jsp?pageID=ocaterminal&L=4&LO=Home&L1=Consum... 5/5/2005 G Legal Remedies for Tenants of Residential Housing THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY USE IN ORDER TO GET HOUSING CODE VIOLATIONS CORRECTED. Rent Withholding (General Laws Chapter 239 Section 8A) If Code Violations Are Not Being Corrected you may be entitled to hold back your rent payments. You can do this without being evicted if: A. You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materi- ally impair your health or safety and that your landlord knew about the violations before you were behind in your rent. B. You did not cause the violations and they can be repaired while you continue to live in the building. C. You are prepared to pay any portion of the rent into court if a judge orders you to pay it. (For this it is best to put the rent money aside in a safe place.) 2. Repair and Deduct (General Laws Chapter 111 Section 127L). The law sometimes allows you to use your rent money to make the repairs yourself. If your local code enforcement agency certifies that there are code violations which endanger or materially impair your health, safety or well-being and your landlord has received written notice of the violations, you may be able to use this remedy. If the owner fails to begin necessary repairs (or to enter into a written contract to have them made) within five days after notice or to complete repairs within 14 days after notice you can use up to four months' rent in any year to make the repairs. Retaliatory Rent Increases or Evictions Prohibited (General Laws Chapter 186, Section 18 and Chapter 239 Section 2A). The owner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement agency about code violations. If the owner raises your rent or tries to evict within six months after you have made the complaint he or she will have to show a good reason for the increase or eviction which is unrelated to your complaint. You may be able to sue the landlord for damages if he or she tries this. 4. Rent Receivership (General Laws Chapter 111 Sections 127C -H). The occupants and/or the board of health may petition the District or Superior Court to allow rent to be paid into court rather than to the owner. The court may then appoint a "receiver" who may spend as much of the rent money as is needed to correct the violation. The re- ceiver is not subject to a spending limitation of four months' rent. Breach of Warranty of Habitability. You may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does not meet minimum stand- ards of habitability. Unfair and Deceptive Practices (General Laws Chapter 93A). Renting an apartment with code violations is a violation of the consumer protection act and regulations for which you may sue an owner. THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW, BEFORE YOU DECIDE TO WITHHOLD YOUR RENT OR TAKE ANY OTHER LEGAL ACTION, IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY. IF YOU CAN- NOT AFFORD TO CONSULT AN ATTORNEY, YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS: (NAME) (TELEPHONE NUMBER) (ADDRESS) FORM 31 HOBBS & WARREN, INC. NOV. 1979 r No fee apartments in Boston -Withholding Kent/ Deposit Laws -Your Rights as a Tenant. Yage 1 of 4 This is G o o g I e's cache of http://www.dwellings.com/DW/pages/tenantQA.htmi as retrieved on Apr 16, 2005 19:01:08 GMT. G o o g I e's cache is the snapshot that we took of the page as we crawled the web. The page may have changed since that time. Click here for the current page without highlighting. This cached page may reference images which are no longer available. Click here for the cached text only. To link to or bookmark this page, use the following url: http://www.google.com/search? o a4piUS0/Bpt6allFEipTlbonhiC llBog9latat¢ daerAe6 NCWS5 ciMOCAtOo+Rettlltems+rerTB"Treseisdchusetts% 3F&h1=en&start=4 Google is not affiliated with the authors of this page nor responsible for its content. These search terms have been highlighted: can tenant withhold rent massachusetts Q:My landlord has been promising for months to make some necessary repairs in my apartment, but he never seems to get around to them. I know tenants have the right to withhold rent under some circumstances, but I'm not sure of the requirements or the procedures I must follow. Is withholding allowed only for violations of the state Sanitary Code? And if I do withhold my rent, am I required to put it in an escrow account of some kind? A:You can withhold rent because of virtually any problem with your apartment; it doesn't have to be a violation of the Sanitary Code, nor does the problem have to constitute a health or safety threat, as was • the case years ago, before the state statute was amended. The only requirements today are: 1) Your landlord or agents of the landlord must have been aware of the problem before you began withholding your rent: 2) You must not be responsible for creating the problem or defect about which you are complaining; and 3) It must be possible for the landlord to make the necessary repairs while you remain in the apartment. If all of those conditions are satisfied, your landlord can't evict you for nonpayment of rent as long as the damages you claim equal or exceed the rent you have withheld. Even if a court ultimately finds that you withheld too much, you'll have a week from that decision to repay any amount you owe your landlord before he can initiate eviction proceedings against you. As for your second question, there is no escrow requirement for withheld rent. The Greater Boston Real Estate Board has tried for several years to persuade the Legislature to adopt legislation requiring tenants to pay withheld rent into an escrow account managed by the court, and it will sponsor that measure again this year, but state lawmakers, to date, have http://64.233.161.104/search?q=cache:52wgwPaxPf4J:www.dwellings.com/DW/pagesltena... 5/5/2005 No tee apartments in tsoston - witnnoimng xenu lieposit Laws - x our xiglus as a i C11dilL. ragC /_ Ui -r not approved it. Q: I own a three family house and will have a vacancy. Is there a maximum amount that a landlord can require that a tenant pay when signing a lease? How much of that money must be placed in escrow? What is the rule regarding having the tenant pay for gas, electricity and fuel for heat? A: The maximum that a residential landlord can require the tenant to pay is the first month's rent, last month's rent (up to the same amount as the first month's rent) and a security deposit (equal to the first month's rent). In addi tion, a landlord can require that a tenant pay the cost of purchasing and installing a key and lock. If you collect a security deposit, it must be held in escrow in a Massachusetts bank. A receipt must be given to the tenant im mediately and within 30 days' notice must be given, identifying the bank and account numbers. If the deposit is not held in a Massachusetts bank, the landlord is subject to a claim for treble the deposit. You must also provide the tenant with a statement of condition within 10 days after the tenant takes occupancy, giving the tenant 15 days to make changes, sign and return. Specific language must be inclu—ed in the statement of condition. Where the security deposit is held longer than 12 months, interest is due at the rate of 5 percent or the actual amount earned, whichever is less. The last month's rent need not be held in escrow. If not held in escrow, interest is owed at the. rate of 5 percent on the last month's rent. If it is held in escrow and earns; less than 5 percent, the lesser interest may be paid. The state sanitary code states that a tenant may be charged for gas, electricity and fuel for heat only if the utilities are separately metered to the tenant's unit and that there is a written agreement in which the tenant agrees to pay the utility bills. Regulations of the Department of Public Health state that the landlord must pay for water, but this regulation is being challenged. Q:I know I have seen discussions of different aspects of the Security Deposit Law but I still have several questions about these somewhat confusing rules: 1) Does the law allowing landlords to pay the tenant interest of less than five percent on the security deposit apply to the last month's rent payment as well? 2) What happens to the calculation of the interest due if the tenant leaves before the lease expires? 3) How long does a landlord have to return the security deposit and/or to pay any interest due on the deposit and last month's rent, after the tenant leaves? 4) What are considered to be legitimate security deposit deductions? 5) What is the "statement of condition," and how does that procedure work? 6) Finally, is there anyplace I can find these (and other landlord -tenant rules) explained in language that is more or less comprehensible to non -lawyers? A:I've never actually done the calculation, but I'm reasonably certain that if I gave a prize for this column's "most frequently asked question," the Security Deposit Law would win without a close second. Your letter - one of about seven I've received on the subject in the past month - suggests that it's time to cover this well -trodden, but always fertile ground again. Landlords are required to pay interest on both the last month's rent and the security deposit at a rate of five percent annually or "other such lesser amount of interest as has been received from the bank where the deposit has been held." That provision applies equally to the last month's rent and to the security deposit. But unlike the security deposit, the last month's rent payment does not have to be held in an escrow account, segregated from the landlord's general funds. http://64.23 3.161.104/search?q=cache:52wgwPaxPf4J:www. dwellings.comIDW/pagesltena... 5/5/2005 iv o tee apartments in tsoston - w itnnoimng Kent/ Ueposit Laws - Y our tcignts as a t enant. Page s or 4 Landlords accepting the last month's rent in advance must pay interest on that amount, calculated from the first day of the tenancy. The interest earned must be paid annually, within 30 days after the anniversary date of the tenancy or (at the end of the rental term) within 30 days after the end of the tenancy. If the tenant leaves before the anniversary date of the tenancy, the interest accrued must be pro -rated and paid within 30 days after the tenancy ends. If the landlord fails to pay the interest due within the specified time periods, the tenant is entitled to receive damages equal to triple the amount of interest, plus court costs and attorneys' fees. The security deposit interest calculation is a little different. Interest must be paid only on a deposit held for a year or more; if a tenant leaves before the end of the first year of the tenancy, no interest will be owed. However, if the tenant completes a one-year rental term and leaves three months into a new term, the landlord would be required to pro -rate the interest for that three-month period. As with the last month's rent, interest on the security deposit must be paid annually, within 30 days after the anniversary date of the tenancy. In both cases, landlords must either send tenants a check for the interest owed or notify them that they may deduct the amount from their next rental payment. The security deposit (minus any legitimate deductions), with all accrued interest, must be paid to the tenant within 30 days following the end of the tenancy. Failure to meet that deadline entitles the tenant, again, to treble damages plus court costs and attorneys' fees. Landlords who receive a last month's rent payment must give tenants a receipt indicating the date, the intent to use the funds as the last month's rent, the landlord's name and (if different), the name of the individual receiving the deposit the landlord's name. Landlords who receive a security deposit must give tenants, in addition to a similar written receipt for the funds, a detailed "statement of condition," describing the apartment's general condition and specifying any existing damage. The purpose of this document is to prevent landlords from charging tenants for pre-existing conditions, and prevent tenants from easily denying responsibility for damages they have caused. The process works like this: Landlords must give tenants the statement of condition after receiving a security deposit, or within 10 days after the tenancy begins. In addition to detailing any existing damage, the statement must disclose any certified violations of the state sanitary and building codes and any damages the courts may have awarded based on those violations. Tenants have 15 days after receiving the statement to sign it (indicating that they accept it), or to submit their own signed condition statement. If the tenant submits a separate statement, the landlord then has 15 days to respond in writing, either agreeing or disagreeing with the tenants' description of the conditions. Landlords will use the statement of condition to justify any security deposit deductions they claim at the end of the tenancy, and tenants, similarly, will use the document to refute those claims. If landlords and tenants disagree over any security deposit deductions the landlord claims at the end of the tenancy, each party will use the statement of condition to document their own position and refute the others'. The Security Deposit statute lays out a laundry list of documents landlords are required to maintain, including: Copies of statements of condition that have been provided to tenants or prospective tenants; and Records describing any damage done to any apartments for which the landlord has accepted or returned a security deposit or has sued a tenant. These records must indicate whether the damages were repaired and note the cost of the repairs and the date on which they were made. http://64.233.161.104/search?q=cache:52wgwPaxPf4J:www.dwellings.com/DW/pagesltena... 5/5/2005 No tee apartments in Boston - Withholding Kent/ Deposit Laws - Your Rights as a Tenant. Page 4 of 4 The statute lists three purposes for which security deposit deductions are allowed: (1) any unpaid rent (excluding amounts withheld legitimately under the rent withhold statute); (2) any unpaid real estate tax increases due under a valid tax escalation clause; and (3) any amount necessary to repair any damages for which the tenant is responsible. Finally, I can suggest two sources that do an excellent job of explaining the Security Deposit Law and other landlord -tenant mysteries: "The Massachusetts Landlord Survival Guide," produced by the Greater Boston Real Estate Board's Rental Housing Association, and available for $29.95 by calling the RHA at 617-423-8700. "The Successful Landlord," published by the Central Massachusetts Housing Alliance Inc., and available for $29 by mail or $25 if you pick up a copy in person at the Alliance, 7-11 Bellevue St., Worcester. To order by mail write "The Successful Landlord," P.O. Box 1263, Framingham, MA 01701-1263. Nena Groskind is former editor of Banker & Tradesman, a Massachusetts real estate and banking journal. Send inquiries to Realty Q&A, Boston Sunday Globe, Boston, MA 02107. No Fee Boston Area Roommate Rental Relocation Apartments Neighborhoods Connection News Resources http://64.233.161.104/search?q=cache:52wgwPaxPf4J:www.dwellings.com/DW/pagesltena... 5/5/2005 Landlord Rights and Responsibilities Home > Consumer > Housing and Home Improvement > Tenant & Landlord > Landlord Riqhts and Responsibilities Finding a Good Tenant Finder's Fee: When renting an apartment, you are not permitted to charge a finder's fee to a prospective tenant if you ore also the landlord of the unit. (M.G.L. c. 112 §87DDD-1/2 and 254 C.M.R. § 2.01 et seq). Only a licensed broker or salesperson can lawfully collect a fee for bringing together a landlord and a tenant. Duty Not to Discriminate Unlawfully: A matrix of Federal, State and local laws combine to prohibit discrimination on the basis of race, color, national origin, ancestry, sex (gender), sexual orientation, age, marital status, religion, military/veteran status, blindness, hearing impairment, receipt of public assistance or housing subsidy, and children, with minor exceptions. Discrimination is prohibited against children because the apartment contains lead paint and you do not want to incur the expense of de-leading the apartment. Be certain your rental agents understand that you will not tolerate rental discrimination. Screening Prospective Tenants: Because paying your mortgage is directly dependent upon your tenants paying you, you should always run a credit check and a check of the tenant's prior rental history through companies making this information available for a nominal fee. You should always confirm current employment, salary level, prospects for remaining with the employer, and landlord references from not just the current landlord, but the tenant's landlord just prior to the prospective tenant's current landlord. Also, you may want to meet your tenants prior to giving final approval, especially in an owner -occupied multi -unit rental. The rule of thumb that tenants should pay no more than 1/4 of their income for rent has been stretched beyond that recommendation by increases in market rents. However, if the tenants offer a co -signature of a parent or friend on their lease to guarantee their rental obligation to you, consider carefully that a guarantee by an out-of- state signer is very difficult to enforce. Pre -Rental Preparation of The Apartment: Before renting an apartment, you should inspect it completely after the current tenant vacates or near the end of the current tenant's occupancy to assess any damage, to assure that it is in good repair when attempting to re - rent the apartment, and for the incoming tenant once it has been rented. You are obligated under certain circumstances to have the local Board of Health inspect and verify that the apartment meets State Sanitary Code and safety standards prior to re -renting. It makes good business sense to do this in all occasions whether required to or not, because anticipating and resolving problems before they become major issues is essential to the smooth, cost-effective and profitable operation of residential property. Inspector's Sign -Off Once All Violations Cited Have Been Repaired: Obtain the Inspector's sign -off once all violations have been corrected. This sign -off also acts as a violation -free base line if the tenant should claim there are problems with the apartment after taking occupancy. Obligation to Delead The Apartment: Whenever a child under the age of six (6) resides in residential premises containing unlawful levels of lead, you are obligated to properly remove the offending substances. (M.G.L.c. 111, § 199(a)). You or your agent are required to give the Massachusetts Lead Law Notification form to tenants regarding the dangers of lead paint, and the requirement to remove lead paint where children under the age of six (6) intend to reside. Maximum Pre -payments: While a tenant may have a pet, or some interest such as portrait painting, which may potentially harm the apartment, you are prohibited from Page 1 of 10 http://www.mass.gov/portal/index. j sp?pageID=ocaterminal&L=4&LO=Home&L 1=Consum... 5/5/2005 Landlord Rights and Responsibilities collecting as advance payments more than the first and last month's rent, one month's security deposit, and the cost of installing a new lock. (M.G.L. c. 186 §15B) It is an unfair or deceptive practice for you to demand that a tenant prepay rent when a tenant is not obligated to and did not, in fact, occupy the dwelling, unless otherwise agreed to in writing by both parties. (940 CMR § 3.1 7 (6) (d)). A violation of the Consumer Protection Statute, c.93A, for committing an unfair or deceptive act against a tenant exposes you to up to treble damages, costs and payment of the tenant's attorney's fees. Types of Tenancies Your legal rights will vary depending on the type of tenancy: A Tenant Under Lease: A lease generally means a signed agreement to rent an apartment for a finite time, for a specific amount of money usually paid per month. You may not evict the tenant before the end of the term, unless the tenant violates some provision of the lease. You may not increase the rent until the end of the term, unless the lease states otherwise. Most leases provide that if the tenant violates the lease you may evict the tenant. A fourteen (1 4) day notice to quit is required for nonpayment of rent. (M.G.L. c. 186, §11). Although your tenant has agreed to pay you for every month of the tenancy the lease exists, if the tenant leaves the apartment without your consent, the tenant, except as stated below, owes rent for the entire remaining balance of the lease. However, you must make reasonable efforts to find a new tenant to take over the balance of the former tenant's lease. This is known as the landlord's duty to mitigate damages. Tenancy At Will: You have a Tenancy at Will when, with your permission, a person occupies your apartment, paying rent regularly, usually monthly. A Tenancy at Will may be written or oral. Either you or your tenant may terminate this agreement at any time for a specific reason or for no reason by giving 30 days written notice or notice which covers a full rental period, whichever is longer. Termination of a Tenancy at Will for nonpayment requires only a 14 day notice to quit. (M.G.L. c. 186, § 12) While a valid Tenancy at Will may be either oral or written, reducing the agreement to writing provides added protections for both you and the tenant, and this should be done at all times. It is also recommended that the tenancy agreement be written because, in the absence of a writing placing the burden of paying utilities on the tenant, the law places the burden of paying those utilities on the landlord, even in the face of an oral agreement stating the tenant will pay them. A handshake is nice, but a written agreement is far better. (105 C.M.R. § 410.190, § 410.201, § 410.354.) Subsidized Tenancy: Most aspects of a subsidized tenancy are controlled by the lease and applicable State and Federal law, much of which differs from the summaries given here for market rate tenants. Security Deposit and Last Month's Rent A last month's rent is a prepayment made at the beginning of the tenancy to the landlord to be applied to the last month of the tenancy. There is no requirement for you to escrow the money in a separate interest-bearing account. A receipt must be given at the time the last month's rent is taken indicating the amount, date of receipt, a notation identifying the money as a last month's rent, the name of the person receiving the money or for whom the money is being received, the description of the premises for which the last month's rent is Page 2 of 10 http://www.mass.gov/portal/index.j sp?pageID=ocaterminal&L=4&LO=Home&L 1=Consum... 5/5/2005 Landlord Rights and Responsibilities taken, a statement indicating the tenant's entitlement to yearly interest at the rate of 5 percent or such lesser amount as the landlord actually receives if the landlord chooses to escrow the money, and a statement telling the tenant to provide a forwarding address by the end of the tenancy to which the interest may be sent. Upon increase of the rent, you may require the tenant to increase his or her last month's rent to the current rent level. (M.G.L. c. 186, § 15B). Payment of Interest On Last Month's Rent: Interest must be paid to the tenant either on the anniversary date of the tenancy or on a pro -rata basis, if the tenancy ends before one year, for all months except the last month of the tenancy. On the anniversary date of the tenancy, the landlord must send a statement as to the amount of interest due with payment of that interest or a statement indicating that the tenant may deduct the appropriate amount from the next rental payment. If you have not sent either of the above to the tenant by the anniversary date of the tenancy, the tenant may lawfully deduct the prescribed amount of interest from the next rental payment. This deduction is not a breach of the tenancy agreement allowing eviction. If you do not pay the interest within 30 days after the end of the tenancy, or the removal of the tenant from the premises, you will be exposed to liability of three times the interest due, plus court costs and attorney's fees. (M.G.L. c. 186, § 15B (2) (a)). Transfer of Last Month's Rent to New Landlord: Upon the sale, foreclosure or other transfer of the building, the landlord must transfer the last month's rent to the new landlord with accrued interest. The new landlord must give the tenant written notice of the transfer within 45 days of receipt. If the former owner fails to make the proper transfer, s/he is still liable to the tenant, but so is the new landlord in the amount of the last month's rent. The new landlord can discharge their duty to the tenant, by allowing the tenant to live free for a period covered by the last month's rent. Security Deposit: A security deposit is money, paid by the tenant to you, and held in a separate interest-bearing escrow account to indemnify you against losses due to the tenant's failure to pay rent, failure to pay appropriate tax escalators, or if the tenant damages the premises. Because this deposit belongs to the tenant until properly applied by you, you must: 1. Hold the deposit in an interest-bearing Massachusetts bank separate from your own money; 2. Give a receipt to the tenant within 30 days of taking the deposit, identifying the bank, address, account number, and the amount of the deposit held; and 3. Pay 5 percent interest or any lesser amount of interest actually received from the bank where the deposit is held, if the tenant resides on the premises for at least one year. Said payment is to he made on the anniversary date of the tenancy. Payment of Interest on Security Deposit: On the anniversary date of the tenancy, you must send the tenant a statement of the interest owed with a check for the interest, or you must notify the tenant that s/he may deduct it from the next rental payment. If within 30 days of the anniversary date of the tenancy you have failed to pay the interest, the tenant may lawfully deduct it from the next rent payment. Upon termination of the tenancy, you must forward the interest due to the tenant within 30 days. Statement of Conditions: Either upon receipt of the deposit or within ten (10) days thereafter, you must provide the tenant with a Statement of Conditions, which contains a comprehensive list of all then -existing damage to the unit, which list is signed by you or your agent. The notice must inform the tenant that s/he must sign the list within fifteen (15) days of receipt or move -in, if it is correct. You must further inform the tenant that failure to re -submit the list may allow a court to view the tenant's failure to sign as agreement to the completeness of the landlord's proposed Statement of Conditions. You then have fifteen (15) days to sign off on the tenant's list of damages or to send a clear statement of disagreement to the tenant. Although there are forms available for these purposes, it is Page 3 of 10 http://www.mass.gov/portal/index.jsp?pageID=ocatenninal&L=4&LO=Home&L 1=Consum... 5/5/2005 Landlord Rights and Responsibilities recommended that an attorney or other real estate professional be consulted when taking a security deposit. Deductions From Security Deposit: Upon termination of the tenancy, you must return the security deposit or balance thereof within thirty (30) days of the tenant's vacating the apartment. You may only deduct for the following items: • Unpaid rent not lawfully withheld; • Unpaid increases in real estate taxes the tenant is bound to pay pursuant to a valid tax escalator clause in the lease; and • Any reasonable amount necessary to repair damage caused by the tenant or their pets or guests. • The normal wear and tear in an apartment is not a deductible item of damage. If you deduct for damages, you must provide the tenant with a statement sworn to under the pains and penalties of perjury listing the damages for which you are deducting along with documentation showing the actual or estimated costs of these repairs such as bills, receipts, or invoices. You may not deduct for damages set out in the respective Statements of Conditions unless you made repairs to them subsequent to the start of the tenancy and they were again damaged by the tenant or persons within the tenant's control. If damages exceed the security deposit, you are free to sue for those as well. Transfer of Security Deposit to New Landlord Notice From New Owner: Within forty-five (45) days of the transfer, the new owner must notify the tenant that the security deposit has been transferred and that s/he is holding it for the benefit of the tenant. The notice must be written and must contain the new owner's name, business address, business telephone number, and the same information for any agent. Penalties For Failure to Properly Handle Security Deposit: If you do the following, the tenant is entitled to the immediate return of the security deposit: • Fail to make the security deposit records available to the tenant during business hours; • Fail within thirty (30) days of taking a security deposit to give the tenant a receipt with the name, address of the bank where the money is held, and account number of the bank in the amount of the deposit; • Make deductions for damages without submitting the proper documentation described above; or • Use a lease with provisions that conflict with the security deposit law and you attempt to enforce this lease or attempt to make the tenant waive his or her rights. If you do the following, the tenant is entitled to the immediate return of the security deposit and treble damages, court costsand attorney's fees: • Fail to place the security deposit into a Massachusetts interest-bearing bank account separate from your own; • Fail to return the security deposit or balance thereof within thirty (30) days after termination of the tenancy; or • Fail to transfer the security deposit to the new landlord. (M.G.L. c. 186, § 1513). A new landlord has the some transfer responsibilities as stated above for last month's rent. Continuing Liability of Former Owner: The former owner and agent remain liable under Page 4 of 10 http://www.mass.gov/portal/index jsp?pageID=ocaterminal&L=4&LO=Home&L1=Consum... 5/5/2005 Landlord Rights and Responsibilities the treble damages provision of the Statute for retention and accounting, until either: 1. The security deposit has been transferred and the tenant has been given the above - written notice; or 2. The security deposit has been returned to the tenant. The new owner has full liability for treble damages, even if the former owner fails to transfer the security deposit and fails to give the proper notice described immediately above. It is recommended that if you choose to take a security deposit, you consult an attorney or other real estate professional before doing so, because the penalties for failing to properly handle the tenant's money are severe. Other Common Landlords' Rights, Duties and Responsibilities The Right to Prompt Payment: You have the right to receive the rent on the first of each month unless the parties otherwise agree. There is no grace period in Massachusetts and therefore if the tenant does not pay on the first of the month, you may begin an eviction by sending a notice to quit. The Right to Have Compliance With Tenancy Agreement: You have the right to have the tenant abide by the terms of the tenancy, whether it is oral or written. If the tenant breaches the terms of the tenancy, for example by having unauthorized sub -tenants, pets, smokers, or other prohibited uses such as raising pigeons in the apartment, you have the right to terminate the tenancy and to move to evict. See Eviction below. Increasing Rent: You may increase the rent in any amount you believe the market will bear for a non -subsidized unit or for a unit thatdoes not fall under the few remaining restrictions of rent control pertaining to mobile homes, under the following circumstances. Under a tenancy at will, you must end the tenancy and notify the tenant of the rent increase at least a full rental period in advance, but not less than 30 days in advance of the effective date of the increase. You may only increase the rent of a tenant under a lease after the lease term expires, unless the lease states otherwise. Typically, the lease will state notice deadlines for renewal which should be observed when seeking a rent increase of a tenant under lease. Rent increases can be complicated. The advice of an attorney should be sought before attempting it. For, doing it incorrectly, could lead to costly, time-consuming and needless problems or litigation with your tenant. (M.G.L. c. 186, §§ 11 and 12). Late Payment Penalty: You may not charge a late fee or penalty for rent paid past the due date unless it is paid 30 days or more past the due date. A reverse penalty to encourage early payment is also illegal. For instance, where you promised to reduce the rent by 10 percent if the rent is paid within the first five days of the month, this is an illegal provision. (940 CMR § 3.17 (6) (a)). However, because there is no "grace period," you may begin eviction if the rent is only one day late. Utilities: You may require tenants to pay their own electricity and gas bills. But, if you do not put this obligation in a written tenancy agreement, you may later be charged with paying past utility bills, if the tenant refuses to pay, despite having verbally agreed to pay them. The Right to Enter The Apartment: A landlord may generally enter the apartment at reasonable times and upon reasonable notice for these reasons: Page 5 of 10 http://www.mass.gov/portal/index.jsp?pageID=ocaterminal&L=4&LO=Home&L 1=Consum... 5/5/2005 Landlord Rights and Responsibilities • To show the apartment to prospective tenants, purchasers, lenders or their agents; • To inspect the premises; • To make repairs; • To inspect within 30 days of the end of the tenancy to determine damages to be deducted from the security deposit; • If the premises appear to be abandoned; or • Pursuant to Court order. Duty to Provide Habitable Premises: You must provide habitable apartments and common areas for the entire_ tenancy in accordance with the minimum standards of the State Sanitary Code which seeks to protect the health, safety, and well-being of your tenants and the general public. Heat: Landlords must provide a heating system for each apartment or one system that services all apartments in good working order. The landlord must pay for the fuel to provide heat and hot water and electricity unless the written rental agreement states that the tenant must pay for these. The heating season runs from September 16 through June 14th, during which every room must be heated to between 68 degrees Fahrenheit and not more than 78 degrees Fahrenheit between 7:00 a.m. to 11:00 p.m., and at least 64 degrees Fahrenheit at all other hours. Kitchens: In each kitchen landlords must provide a sink sufficient for washing dishes and kitchen utensils, stove and oven in good working order, unless the written rental agreement states the tenant must provide this, and electrical hook-ups for installation of a refrigerator. The landlord is not required to provide a refrigerator but, if s/he does, it must be maintained by the landlord in good working order. Water: The landlord must provide water at the landlord's expense with sufficient pressure to meet the ordinary needs of your tenants. You must provide the facilities for hearing water to a temperature between 110 degrees Fahrenheit and 130 degrees Fahrenheit and you must pay for this fuel unless the written tenancy agreement states that the tenant must pay for it. Infestation: You must maintain the common areas and apartments free from rodent, insect and other infestation if there are two or more apartments in the building. Structural Elements: You must maintain the foundation, floors, walls, doors, windows, ceilings, roof, stairwells, porches, chimneys and all structural elements so as to exclude wind, rain, and snow; so as to be rodent -proof, weather tight, watertight, and free of chronic dampness, in good repair and fit for human habitation at all times. Maintenance of Exits: Each exit used or intended for use by the building's occupants must be maintained by you and kept free of all snow, trash and other obstructions. Tenants' Rights Rent Withholding: If you fail to maintain the premises during the entire tenancy, in habitable condition, your tenants may rightfully withhold part of the rent from the date you have notice of breach of the Warranty of Habitability, if: • They complained to you of defects or problems or the Board of Health cited the apartment or building for Code violations; • The tenant was not in arrears in rent before you knew of the conditions complained of; • You do not show that the complained of conditions were caused by the tenant or occupant; Page 6 of 10 http://www.mass.gov/portal/index.] sp?pageID=ocaterminal&L=4&LO=Home&L 1=Consum... 5/5/2005 Landlord Rights and Responsibilities • The premises are not in a hotel or motel or in a lodging house in which the tenant had resided for less than three (3) consecutive months; and • You fail to show that the needed repairs are so extensive that the apartment must be vacated to complete them. Repair and Deduct: Your tenant may validly make repairs him/herself and deduct from future rent if: • The Board of Health certifies that there are violations present which may endanger health, safety, or well-being of the residents; • You are notified in writing of the violation; • You have failed to contract with someone to do the repairs within five (5) days of receiving written notice or you fail to substantially complete the repairs within fourteen (114) days of receiving notice; • The tenant did not cause the violations; • The tenant must deduct only reasonable amounts of rent in light of the violations and alternative corrective measures; and • The tenant did not unreasonably deny you accessto make repairs. The tenant is limited to a maximum deduction of four (4) months in a twelve (12) month period. If your tenant does not wish to make repairs, and the problems have been certified by the local Board of Health to exist as described above, the tenant may declare the tenancy void and may leave within a reasonable time so long as, the tenant pays the fair rental value for the time s/he occupies the apartment. (M.G.L. c. 111, §_ 127L). Retaliation: You cannot retaliate against your tenants for exercising their legal rights such as complaining to you or the Board of Health about problems with the apartment, joining a tenant's union or lawfully withholding rent or repairing and deducting. It will be presumed that you are retaliating against your tenant if within six (6) months of the tenant's exercising any protected rights as briefly stated above, you terminate.the tenancy, increase the rent, or otherwise attempt to change the terms of the tenancy. In order to then avoid penalties of up to three (3) month's rent, attorney's fees and costs of the action, you will then have to prove in court non -retaliatory reasons for doing these acts. Keeping Good Records Like any business, the efficient operation of residential property requires good record keeping. It is strongly urged that you keep detailed records of all aspects of the tenancy. In addition to the extensive records required of you if you take a security deposit, you should keep records of all contacts and complaints by tenants, with dates and notes regarding conversations; contacts with repairmen, health department inspections, invoices, paid repair and stock bills, and similar information. Massachusetts tenants have many rights and remedies. Frequently, good records mean the difference between winning and losing your case in court, or avoiding court altogether. Evictions Resolving Disputes Without Court: When complaints or disputes with tenants arise, investigate them and address them quickly. Ignoring tenant complaints or flatly refusing to address them can lead to costly, acrimonious, eviction cases, and a prolonged stoppage of rent payments while the matter is litigated. While bills are pending in the state legislature that would require rent escrowing by the tenant who contests an eviction, as of this writing, there are no such requirements in existence. Therefore, it is prudent to try to resolve all issues before filing an eviction case in court, after which time, the tenant may well cease paying rent until a judge tells him or her how much and when they must begin paying again for their continued occupancy of your apartment. This could and often does take many months to resolve if contested. Page 7 of 10 http://www.mass.gov/portal/index. j sp?pageID=ocaterminal&L=4&LO=Home&L 1=Consum... 5/5/2005 Landlord Rights and Responsibilities In attempting to work with tenants having a hard time financially, or suffering other problems which interfere with their living up to their agreement with you, do not allow the problems to drag on for long without fairly quick written resolution. Because Summary Process cases (eviction cases) can take months to resolve, especially if contested, if you allow a nonpayment situation to continue for long without receiving regular payments against the arrearage, you will have lost many months of rent by the time you win an execution (court order for the move out). In the absence of any mandatory rent escrowing requirement, you will likely lose the rent entirely for the intervening months. Early Termination Near the end of a lease, you may sometimes begin eviction, if you have substantial grounds to believe the tenant is likely to continue in possession of the premises after the termination date in the lease. However, no Execution (court order for the move out) can issue before the termination date in the lease. But, you will have saved time and perhaps the incoming tenancy by having the court's permission before hand to evict a tenant holding over after his or her lease has ended. (M.G.L. c. 239, § 1A). No Lock -outs If you want a tenant out of your apartment permanently, the only way to evict the tenant lawfully is by getting an Execution (court order for the move out.) You cannot lock out a tenant under any but, a few narrowly interpreted and exceptional circumstances. The penalties for unlawfully shutting off the tenant's utilities or for unlawfully barring a tenant access to the apartment without an Execution can be severe, running the gamut from three month's rent, attorney's fees, and injunctions forcing you to put the wronged tenant back into the apartment, and criminal penalties and fines in some instances. (M.G.L. c. 186, § 14). Termination of Tenancy: Notice to Quit Tenants Under Lease: If you want to evict a tenant under a lease for a reason other than nonpayment, such as having unauthorized subtenants, or property damage, the lease will generally tell you what type of Notice to Quit you must use and when to serve it. If you are evicting the tenant for nonpayment, you must send a 14 day Notice to Quit. (M.G.L. c. 186, § 11). But, if the tenant pays all monies due, plus costs, interest and your court filing fees by the date her Answer is due in court, the tenant has an absolute right to stop the eviction. Tenants at Will: If you are evicting for a reason other than nonpayment or for no reason, you must give the tenant a 30 day Notice to Quit. If the eviction is for nonpayment, you must give 14 day Notice to Quit. But, if the tenant pays the amount claimed due, plus costs, interest and your court filing fees in 10 days, and if this is only the first Notice to Quit for nonpayment within 12 months, the tenant has an absolute right to stop the eviction. If you do not place notice of this fact in the Notice to Quit, the tenant has a right to stop the eviction by paying the above sums not later then the date his Answer is due in court. (M.G.L. c. 186, § 12). Subsidized Tenancies: While eviction of these tenants is no longer subject to the exclusive authorization of the local housing authority, eviction is still controlled by the specific terms of the lease and by a matrix of federal and state law. An attorney should be consulted when evicting a subsidized tenant. The many types of Notices to Quit vary depending on the type of tenancy sought to be terminated and the rights you wish to reserve to yourself after terminating the tenancy. The rules governing timing and method of service are confusing to the new landlord as well. It Page 8 of 10 http://www.mass.gov/portallindex.j sp?pageID=ocatermina]&L=4&LO=Home&L 1=Consum... 5/5/2005 Landlord Rights and Responsibilities is recommended that you should not rely solely on the advice of a constable when sending a Notice to Quit, but rather that you also consult an attorney before you move to evict. Although most constables are knowledgeable as to service, they may not know all of the requirements of terminating tenancies technically required of you in order not to have your case dismissed in court, or to reserve certain rights to you. Summons and Complaint When the notice period ends, you or your lawyer must serve a Summary Process Summons and Complaint on the tenant. This officially brings the tenant under the court's power and informs him or her of the trial date, the place of the hearing, the reasons for eviction and how much money, if any, you claim the tenant owes you. Answer This is the tenant's written response sent to you in which s/he states why s/he should not be evicted and what, if any, counterclaims for money damages s/he has against you such as violations of the State Sanitary Code, retaliation, or faulty eviction procedures. Trial If you cannot reach an agreement with the tenant resolving the reasons for eviction, there will be a trial. At this hearing, the tenant and you or your lawyer present your witnesses and documents and a judge or jury decides if you win or if the tenant wins and how much money, if any, the tenant must pay or how much, if any, you must pay the tenant. Appeal Either party may appeal within 10 days of entry of the judgment, if dissatisfied with the outcome of the trial, by filing a Notice of Appeal. (M.G.L. c. 239, § 3, 5 and M.G.L. c. 231, § 97). But, as a condition of the tenant's appeal, s/ he must post an appeal bond in an amount determined by the court. Or, the court may waive the bond if the tenant can show s/he is indigent and has a real defense. If the bond is waived by the court, the tenant must still pay the rent which comes due during the appeal. If the court will not waive the bond, the tenant must pay past due rent and rent accruing as the appeal progresses, if the tenant wants to stay in the apartment during the appeal. The tenant cannot be physically evicted until the appeal has been dismissed or decided. Appeals are fraught with procedural pitfalls and should be undertaken with a knowledgeable attorney. Execution The execution is the court's order requiring the tenant to move from the apartment. After the appeal is decided or dismissed, execution will issue, but not before then. The execution must be used within three months of its issuance or it expires. If you accept the full amount of the rent awarded by the court in a nonpayment case, you effectively waive your right to remove the tenant and you have created a new tenancy. Physical Moveout To physically remove the tenant from your apartment, you must hire a constable and a moving company, if the tenant has refused your request to go. The constable must give the tenant 48 hours notice that s/he is coming with the truck. On the date set, the constable goes to the prop- erty, physically removes the tenant and her goods, orders the Page 9 of 10 http://www.mass.gov/portal/indexj sp?pageID=ocaterminal&L=4&LO=Home&L 1=Consum... 5/5/2005 Landlord Rights and Responsibilities movers to store them in a storage facility, at your expense initially, and gives the keys to you. That ends the eviction process. The tenant must now go to the storage company for her property. Because the warehouse has a lien on the property for its unpaid fees, if the tenant does not retrieve the property within six months, the warehouse may sell it. You may sue the tenant for your costs of the eviction. (M. G. L. c. 239, § 4). Stay of Execution if the eviction was a no-fault eviction and if the tenant cannot find a new apartment, s/he may ask the judge for a stay of execution of up to six months, or if s/he is elderly or handicapped, up to one year. If the eviction was for nonpayment, technically, the judge has no power to grant a stay. However, if in a nonpayment case, the tenant's award on his counterclaims was less than the amount of rent awarded to you, the tenant can avoid eviction by paying the difference, with interest and court costs in seven (7) days. (M.G1 c. 239, § 8A). Documentation When the tenant is leaving, you should view the apartment, take pictures and review the statement of conditions, if any, so as to definitively verify the condition of the apartment, on the date of move out. This will establish what was damaged by the tenant during his time in the apartment and should avoid a later problem with security deposit deductions and possible litigation Page 10 of 10 http://www.mass.gov/portal/index.j sp?pageID=ocaterminal&L=4&LO=Home&L 1=Consum... 5/5/2005 r agc i vi o Consumer Affairs and Business Regulation Mass. Sept. 24, 2004 Mass.Gov Home State Government � State Online Services Home > Consumer > Housing and Home_ImDrovement > Tenant &_Landlord > Office of Consuw Tenant Rights & Responsibilities 11201 Finding an Apartment Finder's Fee: Only a licensed real estate broker or salesperson can charge you a fee for the purpose of finding an apartment. The amount, due date, and the purpose of the fee must be disclosed to you prior to any transaction. There is no set amount to the fee, as it is a contractual arrangement between the licensed broker or salesperson and you. (M.G.L. c,112.§87DDD-1 /2) Pre -payments: Before you move in, the landlord can only collect the first and last month's rent, one month's security deposit, and the purchase and installation cost for a lock and key. (M.G,L. c..18611-56) Right Against Unlawful Discrimination: Massachusetts law prohibits discrimination in housing on the basis of race, religion, national origin, age, ancestry, military background or service, sex, sexual preference, marital status, blindness, deafness, or the need of a guide dog, except in owner -occupied two family dwellings. (M.G.L. c.-_151 B_§4) No landlord can refuse to rent you an apartment because you receive a rental subsidy, because the apartment contains lead, or, with some exceptions, because you have children. Before Agreeing to Tenancy (or Signing a Lease): • Do not put money down unless you are sure you want the apartment. Although you may be legally entitled to the return of your money up until the landlord formally accepts you as a tenant, that money may be difficult to recover. • Calculate the anticipated costs of utilities (i.e., heat, electricity) when determining which apartments you can afford. • Know what is expected of you in terms of pre -payments or a finder's fee. • Check the apartment to ensure that it is in acceptable condition. Put all agreements for repairs in writing. • Evaluate the proposed tenancy agreement and the response record of non- resident superintendent to "after hours" emergencies. • Talk with prospective neighbors about the competency and reputation of the landlord and/or management company. Rental Agreements: According to state consumer protection regulations, a landlord must include the following in a written rental agreement: The names, addresses and telephone numbers of the owners and 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 behalf of the owner; • The amount of the security deposit and disclosure of rights under the Security Deposit Law. • You may want to meet the landlord of a small owner occupied building before you sign the agreement. This tends to foster a good and congenial relationship from the start. The landlord also must give you an executed copy of this agreement within 30 days of your signing it. (940 CMR 3.17 (3)) You and the landlord may agree verbally to the terms of vni it tannnry It is cafar hnwovar to nat all tarmc in writinn ... /index.j sp?pageID=ocaterminal&L=4&LO=Home&L 1=Consumer&L2=Housing+and+Home9/24/2004 r agu /_ ui o Types of Tenancy Your legal rights may vary depending on what type of tenancy you have. A Tenant with a Lease is one who signs a lease to rent a particular apartment for a specified period of time. Under this tenancy, the landlord cannot increase your rent until the end of the lease, and cannot attempt to evict you before the end of your lease, unless you violate the lease agreement. You are legally obligated to pay your rent until the end of the lease. However, if you need to move out before the end of the lease, in most circumstances the landlord has a duty to help reduce your damages by looking for another tenant to replace you. A Tenant at Will is one who occupies a rented apartment without a lease, but pays rent periodically (typically monthly). The agreement for the Tenancy at Will may be either written or verbal. Either the landlord or you may terminate this arrangement at any time by giving written notice 30 days or one full rental period in advance, whichever is longer. No reason is required to terminate. If your landlord wants to raise your rent, s/he must send you a proper legal notice terminating your tenancy, and then make you an offer to remain in the apartment for the increased rent. If your tenancy is subsidized, you may have different rights and responsibilities than those summarized in this brochure. Paying the Rent As a tenant, you have a legal responsibility to pay your landlord rent for the use of a place that is in decent condition. Massachusetts law also provides you with rights that protect the payments you make to the landlord. (M.G.L_c._186_§15B) Prepayments: It is an unfair or deceptive practice for a landlord to demand that you pre- pay rent in excess of that allowed by law. (See Finding an Apartment.) Late Payment Penalty: A landlord cannot charge interest or a penalty on late rent 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. The landlord also cannot use a reverse penalty clause to encourage you to pay early. For example, it is illegal for a landlord to reduce the rent by 10% if the rent is paid within the first five days of the month. Rent Increases: A rental increase may be any amount the landlord wishes to charge. Rent for a tenant with a lease can be increased only when the lease term expires. Tenants at will may face a rent increase any time, as long as notice is received at least one full rental period, but not less than 30 days, before it becomes effective. Security Deposits and Last Month's Rent: Last month's rent is the pre -payment to the landlord for the last month of tenancy. A security deposit is a deposit of money to the landlord to ensure that rent will be paid and other responsibilities of the agreement will be performed. Neither may be greater than the amount of one month's rent. If the landlord later raises the rent, s/he can require you to increase the amounts of both pre -payments to equal the new rent. Neither the landlord nor you can transfer one for the use of the other without the other party's consent. Receipts:Upon receiving the last month's rent and/or a security deposit, the landlord must give you a receipt for each pre -payment. If the landlord collects the last month's rent, s/he must give you a statement indicating that you are entitled to interest on this rent and that you should provide the landlord with a forwarding address at the termination of tenancy where interest can be sent. Interest: The landlord must pay interest on both the security deposit and the last month's rent. The payment of interest on security deposits and last month's rent has been required by law since January 1, 1972, and April 1, 1984, respectively. ../index jsp?pageID=ocaterminal&L=4&LO=Home&L1=Consumer&L2=Housing+and+Home9/24/2004 Page 3 of g Security deposit: you are entitled to either 5% interest or whatever lesser amount received from the bank where the deposit has been held, if you live in the apartment for at least one year. The law requires the landlord to hold a security deposit in a separate, interest bearing account in a Massachusetts bank. Within 30 days of receiving your deposit, the landlord must give you a receipt identifying the bank's name and address, the account number, and the amount of the deposit. Last month's rent: you are entitled to either 5% interest or whatever lesser amount received from the bank where the rent was held. If the last month's rent is not held in a bank account, the landlord must pay 5 percent interest per year. You do not have to live in your apartment for one year to be eligible for the interest. Payment of Interest: Interest is payable to you each year on the anniversary date of your tenancy. The landlord must send you a statement of the interest owed, and must either include the interest, or allow you to deduct the amount from the next rental payment. If you do not receive the interest within 30 days of the anniversary, then you may deduct the interest from the next month's rent. Once you terminate your tenancy, any interest owed to you must be paid within 30 days of termination. Statement of Condition: If a landlord or agent takes a security deposit, s/he must give you a signed, separate statement of the present condition of your apartment including a comprehensive list of any existing damage. The landlord/agent must provide you with this statement upon receipt of the deposit or within 10 days after the tenancy begins, whichever is later. If you do not agree with the contents of the statement, you must return a corrected copy to the landlord within 15 days after you receive the list or 15 days after you move in, whichever is later. If you fail to return the list and later sue to recover your security deposit, a court may view your failure to do so as your agreement that the list is complete and correct. If you submit a separate list of damages, the landlord must return it within 15 days of receipt with a clear written response of agreement or disagreement. The signed statement and the original condition statement are the basis upon which future deductions for damage will be made. If the landlord does not give you a Statement of Condition, you should write your own and send a copy to the landlord or agent and keep a copy for your records. Security deposit: you are entitled to either 5% interest or whatever lesser amount received from the bank where the deposit has been held, if you live in the apartment for at least one year. The law requires the landlord to hold a security deposit in a separate, interest bearing account in a Massachusetts bank. Within 30 days of receiving your deposit, the landlord must give you a receipt identifying the bank's name and address, the account number, and the amount of the deposit. Last month's rent: you are entitled to either 5% interest or whatever lesser amount received from the bank where the rent was held. You do not have to live in your apartment for one year to be eligible for the interest. Payment of Interest: Interest is payable to you each year on the anniversary date of your tenancy. The landlord must send you a statement of the interest owed, and must either include the interest, or allow you to deduct the amount from the next rental payment. If you do not receive the interest within 30 days of the anniversary, then you may deduct the interest from the next month's rent. Once you terminate your tenancy, any interest owed to you must be paid within 30 days of termination. Statement of Condition: If a landlord or agent takes a security deposit, s/he must give you a signed, separate statement of the present condition of your apartment including a comprehensive list of any existing damage. The landlord/agent must provide you with this statement upon receipt of the deposit or within 10 days after the tenancy begins, whichever is later. If you do not agree with the contents of the statement, you must return a corrected copy to the landlord within 15 days after you receive the list or 15 days after you move in, whichever is later. If you fail to return the list and later sue to recover your security deposit, a court may view your failure to do so as your agreement that the list is complete and correct. If you submit a separate list of damages, the landlord must return it within 15 days of receipt with a clear written response of agreement or disagreement. /index. j sp?pageID=ocaterminal&L=4&LO=Home&L 1=Consumer&L2=Housing+and+Home 9/24/2004 ragC ,+ of o The signed statement and the original condition statement are the basis upon which future deductions for damage will be made. If the landlord does not give you a Statement of Condition, you should write your own and send a copy to the landlord or agent. Damage Deduction for Security Deposits: The landlord must return your security deposit or balance within 30 days after the termination of tenancy. The landlord can only deduct for the following: any unpaid rent which has not been withheld validly or deducted in accordance with the law; any unpaid increase in real estate taxes if you were obligated to pay it under a valid tax escalator clause in your lease; and a reasonable amount necessary to repair any damage caused by you, any person under your control, or any person on the premises with your consent. Pet damage can also be deducted. You do not have to pay for reasonable wear and tear associated with normal use. If the premises are damaged, the landlord must provide you with a detailed list of damages and their necessary repairs within 30 days after the tenancy ends. The landlord or agent must swear to this list under the pains and penalties of perjury. In addition, the landlord or agent must provide you with written evidence indicating the actual or estimated cost of these repairs, such as estimates, bills, invoices, or receipts. Transfers of Pre -payments to New Landlords: Upon sale or transfer of the building, the landlord must credit the last month's rent and security deposit with any accrued interest to the new landlord. The new landlord must give written notice of the transfer within 45 days of receiving your money. If the former landlord fails to transfer the pre -payments to the new landlord, she/he is still liable, but the new landlord shall also be obligated to you for the amount of the pre -payments. The new landlord can satisfy this obligation by granting you free rent for a time equivalent to the payments made. You are entitled to the immediate return of your security deposit if the landlord...: • fails to make the security deposit records available for inspection during office hours; or • fails to provide you, within 30 days of receipt of the security deposit, a receipt with the name and location of the bank and the amount and account number of the deposit; • makes deductions for damages and fails to furnish you with an itemized list of damages within 30 days after termination of tenancy; or • uses a lease which contain provisions conflicting with the security deposit law and attempts to enforce these provisions or attempts to get you to sign a waiver of rights. Under the above-mentioned circumstances, the landlord cannot keep your security deposit for any reason, including making deductions for damages. And if the landlord fails...: • to deposit the security deposit into a bank account; • to return the security deposit (or balance after lawful deductions) with interest within 30 days after termination of tenancy; or • to transfer the security deposit or last month's rent to the new landlord; ... you are entitled to the immediate return of your security deposit AND triple damages, plus court costs, and reasonable attorney's fees. You also are entitled to triple damages, the unpaid interest, court costs, and reasonable attorney's fees if the landlord fails to pay interest on the last month's rent within 30 days after termination of tenancy. Tenants' Rights Rights Against Unlawful Entry: Your landlord, or an agent for your landlord, may only ./index. j sp?pageID=ocaterminal&L=4&LO=Home&L 1=Consumer&L2=Housing+and+Home9/24/2004 rageZ)oia enter your apartment for the following reasons: • to inspect the premises; • to make repairs; • to show the apartment to a prospective tenant, purchaser, mortgagee or its agents; • in accordance with a court order; ■ if the premises appear to be abandoned, or • to inspect the premises within the last 30 days of tenancy in order to determine the amount of damage to be deducted from the security deposit. The landlord should be reasonable and attempt to arrange a mutually convenient time to visit the apartment. If the landlord insists on entering your apartment in an unreasonable fashion, you may file for a temporary restraining order at your local district court. (M.G.L. c. 186 _§§__14 and 156) 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 your exercising your legal rights. If the landlord tries to raise the 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, unless the landlord can prove otherwise. The landlord will have the burden to prove that your tenancy was changed for reasons other than your having exercised your rights. (M.G.L. c. 186 §18) Habitability Rights: You are entitled to a safe and habitable living environment throughout your entire tenancy. The State Sanitary Code protects the health, safety and well-being of tenants and the general public. The local Boards of Health enforce the code. (Note: In Boston, it is the Housing Inspection Department.) Copies of the Code may be purchased from the State House Bookstore, State House, Room 116, Boston, MA 02133 (617)727-2834. The following is a sampling of provisions outlined in the Code: Water: The landlord must provide you with enough water, with adequate pressure, to meet your ordinary needs. You cannot be charged for water. If your tenancy agreement requires you to pay for water and sewer costs, that provision of your agreement is void and unenforceable. The landlord also must provide the facilities to heat the water at a temperature between 110°F and 130°F, however your written tenancy agreement may require you to pay for and provide the fuel to heat the water. Heat: The landlord must provide a heating system in good working order. The landlord must pay for the heat, unless your lease requires you to pay for it. From September 16 to June 14, every room must be heated to a least 68°F between 7:00 AM and 11:00 PM, and at least 64°F at all other hours. During the heating season, the maximum heat allowable in the apartment is 78°F. Kitchens: The landlord must provide within the kitchen: a sink of sufficient size and capacity for washing dishes and kitchen utensils, a stove and oven in good repair (unless your written lease requires you to provide your own), and space and proper facilities for the installation of a refrigerator. The landlord does not have to provide a refrigerator. If a refrigerator is provided, however, the landlord must keep it in working order. Cockroaches and rodents: The landlord must maintain the unit free from rodents, cockroaches, and insect infestation, if there are two or more apartments in the building. Structural Elements: Every landlord must maintain the foundation, floors, walls, doors, windows, ceilings, roof, staircases, porches, chimneys, and other structural elements of the dwelling so that it excludes wind, rain, and snow; is rodent -proof, weathertight, watertight, and free from chronic dampness; in good repair, and in every way fit for its intended use. Snow'Removal: Every exit used or intended for use by occupants of more than one dwelling unit or rooming unit shall be maintained free from obstruction. /index. j sp?pageID=ocaterminal&L=4&LO=Home&L 1=Consumer&L2=Housing+and+Home 9/24/2004 rage ouio Tenants' Remedies Rent Withholding: The Massachusetts Supreme Judicial Court ruled that when a landlord fails to maintain a dwelling in habitable condition, a tenant may properly withhold a portion of the rent from the date the landlord has notice of this breach of warranty of habitability. Rent withholding can be a useful tool to force repairs, but it is a serious step and should be dealt with carefully. You may want to get legal advice before withholding your rent since the landlord may try to evict you for non-payment of rent. You may withhold a portion of your rent if: • You have appealed to your landlord in writing to make the necessary repairs; • Your local board of health has inspected your apartment and found health code violations and notified your landlord; and ■ You are current in your rent up until the time of the problem, you are not the cause of the problem, and the unsanitary conditions do not require the apartment to be vacated to make repairs. Deciding how much to withhold is based on each situation. You need only pay the fair rent for your unit given its defective condition. (M..G..L._c. 239,_§84 Repair and Deduct: You may make emergency repairs in an apartment or common living area and deduct up to four months future rent to pay for them, if three conditions are met: The local board of health or other code enforcement agency has certified that the present conditions endanger your health or safety; The landlord receives written notice of the existing violations from the inspecting agency; and The landlord is given 5 days from the date of notice to begin repairs or to contract for outside services and 14 days to substantially complete all necessary repairs. (The inspecting agency or court may shorten this time frame.) If you qualify under the requirements of "repair and deduct," you may treat the lease as void. You then have the right to move out if you choose not to make repairs. However, you must pay the fair rental value for the period you occupied the apartment, and you must vacate within a reasonable period of time. (M.G,L. c. 11.1_,.11.27L) Shutoff Rights: The landlord cannot cause the removal of shutoff or the utilities except for a temporary period during repair or emergencies. In cases when a landlord's account is about to be shut off for non-payment, the utility company must notify you 30 days before the scheduled termination. You also may be asked to pay part of the overdue bill to the utility, and deduct that payment from your rent. Contact the Department of Telecommunications and Energy at 1-800-392-6066 for more information. (M.G.L. c. 164 §1241.) Eviction A landlord cannot lock you out or throw you out of your apartment without a judge's order. If you are being evicted, Massachusetts law provides you with some protections. You may wish to consult with an attorney. Terminating and Reviving your Tenancy: Tenants with a Lease: Your landlord may attempt to evict you if you have not been paying your rent, or if you or people under your control have caused excessive damage to your apartment or you have violated the terms of your lease. Your landlord must first send you a "Notice to Quit" your tenancy. If the landlord is terminating your tenancy for non-payment of rent, s/he must send you a "14 Day Notice to Quit." (M.G.L._c,._186§19 and § 12) Your lease will specify the notice requirement for other terminations; it is typically seven days. .Iindex.j sp?pageID=ocaterminal&L=4&LO=Home&L l =Consumer&L2=Housing+and+Home9/24/2004 1 0.,L, / Vl V If you are being evicted for non-payment of rent, you may avoid the eviction if you pay all rent owed, plus interest, and the landlord's cost of filing an eviction case on or before the date your Answer is due. Tenants at Will: Your landlord must send you a 14 Day Notice to Quit" if terminating your tenancy for non-payment of rent. (M.G.L._c._186 §12) If it is being terminated for any other reason, you must be given written notice 30 days, or one full rental period in advance, whichever is longer. If you are being evicted for non-payment of rent, you may avoid the eviction by paying the rent due within 10 days of receiving this notice, as long as this is the first notice you have received within the last 12 months. If there is no statement of your right to revive the tenancy in the Notice, you have until the date your Answer is due. Landlords of public housing tenancy must go through the local housing authority then proceed with the eviction. Summary Process and Complaint: After the notice period has passed, the landlord must deliver to you a "Summary Process and Complaint." This officially informs you that the landlord is taking legal action against you. It will state the date of the eviction hearing and the date on which the Answer must be filed. Answer: The Answer is a written response from you stating why you should not be evicted. It also gives you the chance to make counterclaims against your landlord, which may include health code violations, retaliation, harassment, security deposit violation, or improper eviction procedure. It must be received by the court and the landlord the Monday before your court date. Keep a copy for yourself. Judgment and Appeal: The judgment is entered with the clerk of the court on the Friday after the trial. If you lose the case, you may appeal the decision and request a new hearing. If you appeal, you must file a Notice to Appeal within 10 days after the date the judgment is entered. An appeal bond is usually required, but may be waived if you cannot afford it; and you have a non -frivolous defense. Execution: The execution is the judge's eviction order; the landlord cannot physically evict you without this paper. If a physical eviction is to be allowed, the court will give the landlord the execution 10 days after the judgment is entered. You must receive written notice of the date and time the physical eviction will be take place at least 48 hours in advance. On the date set in the 48 hour notice, you must leave your apartment. The landlord may use the execution anytime within a 3 month period. However, if you were evicted for non-payment of rent, and the landlord accepts payment of the entire amount won in the summary process action and your current rent, then the landlord cannot use the execution at any point and must return it to the court. (M G.L_c_ 239.§3) The Stay of Execution: If the eviction was not your fault or you cannot in good faith find a place to live, you may be able to convince a judge to grant you a Stay of Execution, allowing you to stay in your apartment for up to six months. Elderly or disabled tenants can request a stay of up to one year. If you are being evicted for non-payment of rent, you do not have any legal basis to request a stay. However, if your damages (which may arise from counterclaims filed against the landlord) are less than the amount owed to the landlord (e.g. back rent), you have 7 days to avoid eviction by paying the balance, with interest, and court costs. (M.G.L c. 239_, §8A) Eviction: When the date written on the execution order arrives, you must move out. If you do not, a sheriff or constable may remove your belongings and place them in storage, unless you give permission to have them put on the street. If your belongings are put in storage, the mover should make a descriptive list of all stored items. Your former landlord has the right to sue to recover these eviction costs. The storage company will have a lien on your belongings, which can be enforced by selling the goods. The storage company, however, cannot sell your belongings without waiting 6 months. You are not required to /index. j sp?pageID=ocaterminal&L=4&LO=Home&L I =C onsumer&L2=Housing+and+Home 9/24/2004 pay UaCK rem to yet your iurnrture Out 01 sturaye. aut, you sun owe Me amount the Court finds due, until you pay it for 20 years hence. (M.G,L, c. 239 §4) Moving Out Before you move out, you should consider scheduling an appointment with .the landlord for an inspection of your apartment. This may help prevent future disputes with your landlord about apartment damage. Review the Statement of Condition form if you gave the landlord a security deposit. On the day you leave, be sure to clean the apartment. You also may want to take and date pictures of the condition of your apartment at the moment you move out. These photographs may help resolve security deposit disputes. If you paid the landlord a security deposit or last month's rent, leave the landlord your forwarding address so s/he can mail you any interest you are owed. Documents Keep good records of rent payments, complaints, contacts with your landlord, attempts at repair, correspondence, and other important events and documents relating to your tenancy. These will help you resolve disputes in court and out. Sources of Help Housing Discrimination: Massachusetts Commission Against Discrimination (617) 727-3990 Licensing Issues of Real Estate Agents / Salespersons: Division of_ Registration. Information: Real Estate Board (617) 727-2373 Complaints: Office of Investigations (617) 727-7406 Lead Paint Removal: Department. of Public. Health Childhood Lead Poisoning Prevention Program (617) 284-8400; Toll Free: (800) 532-9571 Face -to -Face Mediation: For the program in your area call: Attorney_ General's Consumer Hotline (617) 727-8400 Homelessness Prevention and Mediation for Low -Income Tenants and Their Landlords: Department of Housing and.. Commu.nity_Development For the Homelessness Intercept Program in your area call: (617) 727-7765 To Obtain Legal Assistance: Massachusetts. Bar_ Association_Law_yer_ Referral. Program (617) 654-0400; Toll Free in MA: (800)-392-6164 Legal Services Programs for Low -Income Consumers Call the Office of Consumer Affairs and Business_ Regulation Toll Free: (888) 283-3757 Prepared by:Massachusetts Assoclation of Realtors © 2004 Commonwealth of Massachusetts ragcovio Site Map Site Policies Contact Us /index. j sp?pageID=ocaterminal&L=4&LO=Home&L 1=C onsumer&L2=Housing+and+Home9/24/2004