Many ways For Landlords to cost themselves thousands of dollars:
Landlords navigating Massachusetts landlord-tenant law alone is gambling without knowing the rules!
Below are just some of the laws and the penalties that landlords can stumble into without realizing it:
Breach of implied warranty of habitability: A violation of the state sanitary code, even several minor ones can result in the tenant withholding rent during the eviction case (piling up months and months of unpaid rent). If the city becomes involved, not only will the owner be compelled to make the necessary repairs, but will likely be fined by the city for violating the sanitary code. Having a landlord tenant attorney working with you is your best protection. The penalties in a Habitability claim are that the tenant wins possession in an eviction case. There is a complex and unpredictable formula used to calculate damages in these cases (a reduction of the rent owed multiplied by the amount of months the condition existed, with it the potential award of treble damages (damages multiplied by 3), plus costs, and attorneys’ fees (Tenant side Attorney's fees can quickly outpace the tenants actual damages).
Breach of quiet enjoyment: This is when a tenant can convince the judge that the landlord "directly or indirectly" interfered with the tenant's enjoyment of their home. This can be as simple as a broken water heater or plumbing issue. The penalties that come with losing this claim are tenant wins possession in an eviction case and with it the potential award of 3 months' rent or treble damages (damages multiplied by 3), plus costs, and attorneys’ fees.
Security: One of the frequently overlooked areas of landlord responsibility is security of the premises. Failure to provide and maintain security falls under the "implied warranty of habitability." If your tenant notifies you OR you otherwise know or should know of a broken door or window (this can be either a break in the glass or an inability to properly secure) you are required to repair it within a reasonable time (generally that is measured in hours or days, not weeks or months). If you fail to maintain a secure premise your tenant could have claims under the breach of warranty of habitability. If there is a break in you could be liable for emotional or physical injuries suffered by the tenant, the tenant could break their lease, there are many issue that can arise from a broken door lock. One of the permissible charges a landlord can charge is for a change lock fee, but only the cost of purchase and changing the lock (if there are multiple units this should be apportioned or the landlord can take the cost as a tax deduction, but not both).
Retaliation: Even a landlord with good reason to evict a tenant, must be careful that the tenant has no claim of retaliation by the landlord. This may seem like a ridiculous claim to many a landlord, but the fact is that the law views any eviction against a tenant who has complained about conditions, security deposits, or other issues with the unit to be presumed as landlord retaliation. Now, this presumption can be overcome, but only by a special higher standard of proof "clear and convincing" evidence. Having a landlord tenant attorney is your best defense against this claim and the penalties that come with losing it: tenant wins possession; and with it the potential award of 3 months' rent or treble damages (damages multiplied by 3), plus costs, and attorneys’ fees.
Security deposit/last month’s rent violations: Massachusetts landlords need to be extremely cautious when requiring a security deposit. The Security Deposit law is complex and has many onerous requirements of landlords who accept security deposits. Failure to meet just one of the literally dozens of ways to violate this law can cost you 3-10 times the security deposit (or more). It can also result in the judge awarding possession of the unit to the tenant for no other reason.
Consumer Protection/Chapter 93A: Many landlords are considered professional landlords, simply by renting two or more units. The status of professional, brings with it the potential award of treble damages (damages multiplied by 3), plus costs, and attorneys’ fees.
Discrimination: A landlord is precluded from discriminating based on the basis of the tenant's: Race, Color or apparent race, Religious creed, National origin, Ancestry, Sex, Marital or family status, Veteran status, Age, Handicap/disability, Gender Identity, Sexual orientation, or being a Public Assistance Recipient (e.g., Section 8 voucher holder or MRVP voucher holder). Since there is nothing specifically listed about discriminating based on: Political affiliation, Credit worthiness, General appearance, Cleanliness, Politeness, etc… Landlord's are generally free to deny a tenant's application for one of these other “unprotected” reasons.
However, caution is the word of the day. Especially, if you rent more than four (4) units, you could find yourself answering a discrimination lawsuit. Your best defense is accurate and comprehensive records of each denial. The easiest, least expensive way of doing this is electronic records (backed up). Simply have the tenant fill out an electronic application with an area for Landlord's comments and make a notation if you deny someone and the reason you denied them. This is your business policy defense.
Landlords navigating Massachusetts landlord-tenant law alone is gambling without knowing the rules!
Below are just some of the laws and the penalties that landlords can stumble into without realizing it:
Breach of implied warranty of habitability: A violation of the state sanitary code, even several minor ones can result in the tenant withholding rent during the eviction case (piling up months and months of unpaid rent). If the city becomes involved, not only will the owner be compelled to make the necessary repairs, but will likely be fined by the city for violating the sanitary code. Having a landlord tenant attorney working with you is your best protection. The penalties in a Habitability claim are that the tenant wins possession in an eviction case. There is a complex and unpredictable formula used to calculate damages in these cases (a reduction of the rent owed multiplied by the amount of months the condition existed, with it the potential award of treble damages (damages multiplied by 3), plus costs, and attorneys’ fees (Tenant side Attorney's fees can quickly outpace the tenants actual damages).
Breach of quiet enjoyment: This is when a tenant can convince the judge that the landlord "directly or indirectly" interfered with the tenant's enjoyment of their home. This can be as simple as a broken water heater or plumbing issue. The penalties that come with losing this claim are tenant wins possession in an eviction case and with it the potential award of 3 months' rent or treble damages (damages multiplied by 3), plus costs, and attorneys’ fees.
Security: One of the frequently overlooked areas of landlord responsibility is security of the premises. Failure to provide and maintain security falls under the "implied warranty of habitability." If your tenant notifies you OR you otherwise know or should know of a broken door or window (this can be either a break in the glass or an inability to properly secure) you are required to repair it within a reasonable time (generally that is measured in hours or days, not weeks or months). If you fail to maintain a secure premise your tenant could have claims under the breach of warranty of habitability. If there is a break in you could be liable for emotional or physical injuries suffered by the tenant, the tenant could break their lease, there are many issue that can arise from a broken door lock. One of the permissible charges a landlord can charge is for a change lock fee, but only the cost of purchase and changing the lock (if there are multiple units this should be apportioned or the landlord can take the cost as a tax deduction, but not both).
Retaliation: Even a landlord with good reason to evict a tenant, must be careful that the tenant has no claim of retaliation by the landlord. This may seem like a ridiculous claim to many a landlord, but the fact is that the law views any eviction against a tenant who has complained about conditions, security deposits, or other issues with the unit to be presumed as landlord retaliation. Now, this presumption can be overcome, but only by a special higher standard of proof "clear and convincing" evidence. Having a landlord tenant attorney is your best defense against this claim and the penalties that come with losing it: tenant wins possession; and with it the potential award of 3 months' rent or treble damages (damages multiplied by 3), plus costs, and attorneys’ fees.
Security deposit/last month’s rent violations: Massachusetts landlords need to be extremely cautious when requiring a security deposit. The Security Deposit law is complex and has many onerous requirements of landlords who accept security deposits. Failure to meet just one of the literally dozens of ways to violate this law can cost you 3-10 times the security deposit (or more). It can also result in the judge awarding possession of the unit to the tenant for no other reason.
Consumer Protection/Chapter 93A: Many landlords are considered professional landlords, simply by renting two or more units. The status of professional, brings with it the potential award of treble damages (damages multiplied by 3), plus costs, and attorneys’ fees.
Discrimination: A landlord is precluded from discriminating based on the basis of the tenant's: Race, Color or apparent race, Religious creed, National origin, Ancestry, Sex, Marital or family status, Veteran status, Age, Handicap/disability, Gender Identity, Sexual orientation, or being a Public Assistance Recipient (e.g., Section 8 voucher holder or MRVP voucher holder). Since there is nothing specifically listed about discriminating based on: Political affiliation, Credit worthiness, General appearance, Cleanliness, Politeness, etc… Landlord's are generally free to deny a tenant's application for one of these other “unprotected” reasons.
However, caution is the word of the day. Especially, if you rent more than four (4) units, you could find yourself answering a discrimination lawsuit. Your best defense is accurate and comprehensive records of each denial. The easiest, least expensive way of doing this is electronic records (backed up). Simply have the tenant fill out an electronic application with an area for Landlord's comments and make a notation if you deny someone and the reason you denied them. This is your business policy defense.