 Application Fee (by LadyLL [MA]) Apr 9, 2012 1:17 PM
 Application Fee (by Dan [MA]) Apr 9, 2012 1:56 PM
Application Fee (by Frank [NJ]) Apr 9, 2012 2:04 PM
Application Fee (by LadyLL [MA]) Apr 9, 2012 2:09 PM
Application Fee (by TenantWhisperer [MA]) Apr 9, 2012 2:11 PM
Application Fee (by LadyLL [MA]) Apr 9, 2012 2:12 PM
Application Fee (by Virden [OH]) Apr 9, 2012 2:46 PM
Application Fee (by Moshe [CA]) Apr 9, 2012 3:27 PM
Application Fee (by LadyLL [MA]) Apr 9, 2012 3:38 PM
Application Fee (by Moshe [CA]) Apr 9, 2012 4:00 PM
Application Fee (by TenantWhisperer [MA]) Apr 9, 2012 6:11 PM
Application Fee (by Steve [MA]) Apr 9, 2012 6:38 PM
Application Fee (by Sharon [TX]) Apr 10, 2012 5:44 AM
Application Fee (by BET [MA]) Apr 10, 2012 11:42 AM
Application Fee (by LadyLL [MA]) Apr 10, 2012 3:32 PM
Application Fee (by LadyLL [MA]) Posted on: Apr 9, 2012 1:17 PM
Message:
State Specific Question About: MASSACHUSETTS (MA)
I am trying to get a straight answer in MA on the allowable application fee. If you ask housing court, they say, "only first last and security", to which I respond, "that's a lease, what about the application?" They don't think I can charge it. Tried MA.Gov, and can't find it. Dan's application has a fee of $20, which I would assume is legal or it wouldn't be on here. Please advise where I can find applicable law stating what a LL can charge for an application fee in MA? --76.119.xxx.xxx |
Application Fee (by Dan [MA]) Posted on: Apr 9, 2012 1:56 PM
Message:
My fee is a gray area. I've been told by many folks that I probably can't charge it here in MA, but then again I've never had a legal problem in the past 20 years over it. My stand is this, there are laws that dictate how much you can collect from a tenant at move in. Basically first, last, security, a key fee and nothing more. I contend that I am not charging the $20 to tenants, but rather to applicants. Until I approve them and they sign a lease, they are not tenants. I may be wrong, but nobody has stopped me. --76.19.xx.xx |
Application Fee (by Frank [NJ]) Posted on: Apr 9, 2012 2:04 PM
Message:
How about charging the fee to applicants and refunding said fee in the second or third month to the [now] tenant. --75.226.xxx.xxx |
Application Fee (by LadyLL [MA]) Posted on: Apr 9, 2012 2:09 PM
Message:
It seems you are right Dan. I went to the AGO website from MA.Gov, and it states "Payment at the Start of a Tenancy". Therefore, one would reason that first, last, security, key fee, are all you can charge once tenancy is established, i.e. signing a lease (or rental agreement). The MassRHA also states you can collect an application fee, and recommends $35. I just can't find any law on it. Thx! --76.119.xxx.xxx |
Application Fee (by TenantWhisperer [MA]) Posted on: Apr 9, 2012 2:11 PM
Message:
There's nothing in MA law limiting an application fee. Charge what you want.
What Dan said, they aren't tenants yet.
How much could you charge to let a non-tenant park in your driveway? There are no state limitations on what you can charge. So, you can charge what you want.
Same with the application fee.
--24.60.xx.xxx |
Application Fee (by LadyLL [MA]) Posted on: Apr 9, 2012 2:12 PM
Message:
Although I would not be entirely opposed to refunding the fee for the chosen applicant, the argument remains that I had to spend the money to run the reports for them. I am trying to limit my losses this time around. --76.119.xxx.xxx |
Application Fee (by Virden [OH]) Posted on: Apr 9, 2012 2:46 PM
Message:
Charging the 35bux fee when you take the application back is a good idea, when you mention the fee on the phone many of the dizzy ones will go away, before I give the paper out I remind them to tell me about any bumps on the radar screen and then when I get the application back I review for any questionable numbers - the 9 and 7 look so much alike when they have dropped jelly on that section, so I like to clarify anything I am not sure about and remind them it makes things go quicker for you when I do not have the wrong person on the phone. --76.241.xxx.xxx |
Application Fee (by Moshe [CA]) Posted on: Apr 9, 2012 3:27 PM
Message:
You are still using secondary (and maybe even tertiary) sources instead of reading the law.
If anyone in MA says that they charge it, ask them "under what authority?". Here is where a landlord association MIGHT be able to help you. Most big-city landlord association have an attorney on their staff who is really knowledgeable about local landlord/tenant law, although it is not necessarily the case that you can have access to him.
Your statement, "which I would assume is legal or it wouldn't be on here" is grossly naive. These pages are often FULL of landlords who do things (and report that they do it) just because they have never been caught.
--96.247.xx.xxx |
Application Fee (by LadyLL [MA]) Posted on: Apr 9, 2012 3:38 PM
Message:
Moshe!! I think I missed you! Tell me, oh wisest of us all, would you not consider "tenancy" established at signing? Yes, I will be double checking w/the AGO tomorrow, but I do not think you are giving Dan proper credit. He's not a newbie. --76.119.xxx.xxx |
Application Fee (by Moshe [CA]) Posted on: Apr 9, 2012 4:00 PM
Message:
LadyLL, are you looking at THE LAW or at some handbook that tries to simplify the law for those unable to read for themselves? The title "Payment at the Start of a Tenancy" suggests that it is a handbook.
No offense to Dan and his tenure, but he writes "I've been told by many folks that I probably can't charge it here in MA, but then again I've never had a legal problem". So we can hardly look to Dan for an answer to the question. Having been told that he probably can't charge, he never followed that up to learn why or why not, and to share that knowledge with us. He never had a legal problem, but has he ever had to go to court OVER THAT ISSUE and have THAT ISSUE squarely faced by the judge? So, if not, what does he have to share that we can rely on?
Its the judge who decides when tenancy begins, and he doesn't rely on vague language like "Payment at the Start of a Tenancy". If he's any good as a judge, he knows the law, including the history, the cases, and what judges in his jurisdiction usually do with cases like that.
--96.247.xx.xxx |
Application Fee (by TenantWhisperer [MA]) Posted on: Apr 9, 2012 6:11 PM
Message:
Moshe, MA law doesn't say that I can wear my hat backwards either. Does that mean that backward-hats aren't "authorized" = illegal?
If there's no law against or regulating it, it's not illegal = it's COMPLETELY legal.
Since MA laws do not address Application Fees charged to Applicants, it's open season.
Let's not go voluntarily surrendering any rights to government just because there isn't a law on the books "authorizing" it.
--24.60.xx.xxx |
Application Fee (by Steve [MA]) Posted on: Apr 9, 2012 6:38 PM
Message:
I concur with Dan[MA] or as my DW refers to him "one of my imaginary LL friends who has written & published a book". I have not had our local housing court judge (Lady LL, you Dan & I all have the same judge), any tenant lawyer, any of the court's housing specialists, any S8 case worker, any NSCAP case worker or tenant question my right to charge an application fee. --151.203.xxx.xxx |
Application Fee (by Sharon [TX]) Posted on: Apr 10, 2012 5:44 AM
Message:
I tell potential applicants, "I do criminal, credit, and eviction screening. The application fee is $30 per adult, and gets credited back on the first mo. rent. What do you have that might give me red flags?"
The 'bad' ones will immediately say "Nothing", and then screen themselves out. The 'iffys' will tell me up front what's on their records and ask if it's a deal-breaker, before they take a chance on losing that much of their grocery money for the week. The 'good' apps. don't question the fee if it gets credited back at move-in. I've not taken app money from anyone who has not passed...YET --66.196.xx.xxx |
Application Fee (by BET [MA]) Posted on: Apr 10, 2012 11:42 AM
Message:
I don't call it an application fee. I just tell them it costs me $20 pp to run their credit. Since I had to spend that in order to process their app, they don't get it back if rejected. I take a ton of credit fees, never had a problem yet. --98.65.xxx.xx |
Application Fee (by LadyLL [MA]) Posted on: Apr 10, 2012 3:32 PM
Message:
I called the AGO, but they referred me to the CPA, whose GENERAL COUNCIL (Moshe - this one's for you) confirmed it is legal to charge an application fee in MA. --76.119.xxx.xxx |
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