Tenant at Will
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Tenant at Will (by Doris [NC]) Jul 20, 2011 6:13 AM
       Tenant at Will (by Dan [MA]) Jul 20, 2011 6:23 AM
       Tenant at Will (by Doris [NC]) Jul 20, 2011 11:18 AM
       Tenant at Will (by Steve [MA]) Jul 20, 2011 4:31 PM
       Tenant at Will (by Doris [NC]) Jul 21, 2011 6:58 AM


Tenant at Will (by Doris [NC]) Posted on: Jul 20, 2011 6:13 AM
Message:

State Specific Question About: MASSACHUSETTS (MA)

To those Landlords that rent properties in Mass. I need some info regarding tenant at will situations. My daughter and her Dad are leaving for Boston over the weekend to view her new place. She will be a tenant at will and she will be residing with two other girls. She will be asked for a security deposit, first and last month's rent. Is the security deposit held in an interest bearing account just as if she had signed formal lease? Also, would she be responsible (joint and severally) if another room mate decided to leave the apartment? Any other pitfalls we need to know about? As always, thanks for the advice.

--98.24.x.xx




Tenant at Will (by Dan [MA]) Posted on: Jul 20, 2011 6:23 AM
Message:

Yes, the security deposit must be held in an interest bearing account. The joint liability depends on what the agreement says.

A tenant at will should have a written agreement. In fact, it should/could be the exact same as a lease except the term is month to month rather than the typical one year. Other than that there is no difference really. --74.8.xx.x




Tenant at Will (by Doris [NC]) Posted on: Jul 20, 2011 11:18 AM
Message:

Thanks, Dan! I didn't think a written agreement was applicable it this case. Your advice is appreciated. --98.24.x.xx




Tenant at Will (by Steve [MA]) Posted on: Jul 20, 2011 4:31 PM
Message:

Doris, Is your daughter coming to go to school here or is this for a job relocation? What part of MA is she moving to? Our youngest moved into the North End of Boston about a year ago. IMO, her apartment & her LL could use a lot of improving. However as long as she is happy I am trying to stay out of it.

In MA a LL may charge a 1st, a last, a SD equal to the 1st and a reasonable key / lock fee. The SD must be in an interest bearing escrow account & there are a lot of rules that the LL must follow such as statement of condition, etc. If a tenant stays longer than 12 months then the LL must pay interest on the last month's rent.

If she does not have a written rental agreement then the LL is responsible for all of the utilities. This is something that my daughter's LL has failed to comply with. However I told her as long as she is happy,

I wouldn't get overly concerned that her LL hasn't got a clue about MA LL / Tenant law. If you need any specifics, I am sure some of the MA LLs would be willing to help. I hope your daughter likes in hot & humid in the summer and cold & snowy in the winter. Of course the fall is usually terrific. --72.85.xxx.xx




Tenant at Will (by Doris [NC]) Posted on: Jul 21, 2011 6:58 AM
Message:

Steve, thanks for the input. Alyssa will be going to Brandeis U. as a grad student. She found an apartment (room share) and my husband just got hold of the LL in Waltham. He has filled us in on the particulars and the SD issues. Seems like a nice guy , even offered to pick up them at the airport. He states the neighborhood is very safe, which, obviously is a concern to us. We are originally from the NY-NJ area so we are well acquainted with the snow conditions but daughter is not, since she was born and raised in the South. She doesn't know what real snow is but she'll find out! Hope it works out for her and good luck to your daughter as well. --98.24.x.xx





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