 MA LL last month (by bet [MA]) Sep 6, 2018 9:02 AM
 MA LL last month (by plenty [MO]) Sep 6, 2018 9:04 AM
MA LL last month (by bet [MA]) Sep 6, 2018 9:14 AM
MA LL last month (by RentsDue [MA]) Sep 6, 2018 9:27 AM
MA LL last month (by bet [MA]) Sep 6, 2018 9:43 AM
MA LL last month (by tedban [MA]) Sep 6, 2018 10:57 AM
MA LL last month (by Deanna [TX]) Sep 6, 2018 11:02 AM
MA LL last month (by RentsDue [MA]) Sep 6, 2018 11:02 AM
MA LL last month (by Deanna [TX]) Sep 6, 2018 11:50 AM
MA LL last month (by Steve [MA]) Sep 6, 2018 2:54 PM
MA LL last month (by BRAD 20,000 [IN]) Sep 6, 2018 10:47 PM
MA LL last month (by bet [MA]) Sep 7, 2018 5:16 AM
MA LL last month (by TenantWhisperer [MA]) Sep 8, 2018 7:02 AM
MA LL last month (by bet [MA]) Posted on: Sep 6, 2018 9:02 AM
Message:
State Specific Question About: MASSACHUSETTS (MA)
Tenant pre paid last month at onset of tenancy. In the same month that they moved out they paid the rent. So we informed them by text, and by constable service their last month was the next month. They move out anyway. They have brought suit for last month. Everything is documented, rent payments, constable service. They gave notice on the 10th of the vacating month and paid rent the 1st of the vacating month they moved. They is no way they have a case, correct?
--108.20.xxx.xxx |
MA LL last month (by plenty [MO]) Posted on: Sep 6, 2018 9:04 AM
Message:
What would be their case? --99.203.xx.xxx |
MA LL last month (by bet [MA]) Posted on: Sep 6, 2018 9:14 AM
Message:
They want their last month back that they choose not to use since they moved out the same month they paid rent and only gave a 20 day notice regardless. They are also suing for full security deposit back when they cashed half back already. I need to go for legal costs on this one. --108.20.xxx.xxx |
MA LL last month (by RentsDue [MA]) Posted on: Sep 6, 2018 9:27 AM
Message:
Only in Massachusetts........ Imagine if YOU gave them notice on the 10th that they had to be out by the end of the month. No way that would fly. I'm assuming their monthly rental period starts on the 1st and Rental Agreement says they have to give 30 ( or 1 full rental period) days notice. The only way I think a judge would find in their favor is if during the period that used their " last month's rent" the apartment was already collecting rent from a new tenant. I don't think you can double dip, sort of like you can't charge someone who moves out early for the remainder of their lease if the unit is collecting rent from someone else. I had a similar situation as yours and I prorated . If the unit had stayed empty I would have kept the entire last month's rent too. --71.10.xxx.xxx |
MA LL last month (by bet [MA]) Posted on: Sep 6, 2018 9:43 AM
Message:
Unit stayed empty and they were officially served and the service stated their last day. Also they acknowledged in writing they know aug 1 is their last month but are leaving by june 30. Imagine if every tenant decides to leave a month early expecting their pre paid back? They had a lawyer. Plus they cashed security deposit check and are suing for the entire SD again. --108.20.xxx.xxx |
MA LL last month (by tedban [MA]) Posted on: Sep 6, 2018 10:57 AM
Message:
I would be careful that the security deposit was handled properly, proper receipts giving to tenant, put in MA Landlord tenant interest bearing account with annual interest paid. The tenant should have received the bank name address account number etc. If not damages are triple the deposit. --173.76.xxx.xxx |
MA LL last month (by Deanna [TX]) Posted on: Sep 6, 2018 11:02 AM
Message:
Was this the one that moved in and was unhappy there were bedbugs present?
If it was a matter of changing their mind, that's one thing. But if it was a matter of the unit having an undisclosed problem, I'd handle it differently. --96.46.xxx.xx |
MA LL last month (by RentsDue [MA]) Posted on: Sep 6, 2018 11:02 AM
Message:
Lawyer probably put them up it. There is one advertising here on the apartments for rent section on Craigslist. Promising to get all tenants who have " LL Problems" a windfall. He advertises that he takes care of last month's rent and security deposit issues in our triple damages state. I can't see how they even have a case, but that doesn't mean he can't charge them to try. --174.199.xx.xx |
MA LL last month (by Deanna [TX]) Posted on: Sep 6, 2018 11:50 AM
Message:
(because if they had had that information in the first place, they would not have initiated the contract to begin with.) --96.46.xxx.xx |
MA LL last month (by Steve [MA]) Posted on: Sep 6, 2018 2:54 PM
Message:
Bet were they there at least 12 months? If so make sure you include the interest that LMR earned.
IMO non lawyer opinion since they gave notice after the 1st of June they owe for all of June plus all of July. I would have no problem going before a judge over this. In fact if they sued me in district court I would wait until the last possible day & have it transferred to housing court. I would also bury them with discovery & any other paper work I could come up with to make them have to pay their lawyer more money if he & they were foolish enough to want to pursue this.
I'm sure you already have or will comply with the proper SD accounting if they had one.
In MA tenants are entitled to 5% interest on their LMR if it's held more than 12 months & if it wasn't deposited in an interest bearing account. Unlike SD account this account does not have to be an escrow account. --71.174.xx.xx |
MA LL last month (by BRAD 20,000 [IN]) Posted on: Sep 6, 2018 10:47 PM
Message:
bet,
What does your lease say?
It's problems like this that made my lease 30 pages long - this common situation is covered, spelled out in plain English for the res, the res' free atty, and the judge.
ELT helps in MANY situations.
BRAD
--68.50.xxx.xxx |
MA LL last month (by bet [MA]) Posted on: Sep 7, 2018 5:16 AM
Message:
IT is the law here, 30 days notice to vacate before the rent due date. But some people are so stupid, no matter how many times you explain to them they dont get it. This has happened to us twice, where they left a month early and are demanding their last month back. I hope the meter is running on their stupid attorney who believed their lies. --108.20.xxx.xxx |
MA LL last month (by TenantWhisperer [MA]) Posted on: Sep 8, 2018 7:02 AM
Message:
Well, there's the Law and there's the Judge.
Judges hate double dipping. Did you advertise the property promptly?
Your "30 day notice required" should work as long as you didn't immediately start collecting rent from someoneelse.
Also, by all means, audit how you handled the SD.
1. SD held in MA escrow account with tenant named on the account.
2. Within 30 days of movein, You sent tennant a letter notifying them which bank, which account, and location of the bank.
3. Within 30 days of moveout, send them a detailed accounting of how the SD was spent.
bet, some poorly informed MA landlords use a single escrow account to "pool" all their tenant SDs.
Those poorly informed MA landlords would have more to lose if the tenant brings up the SD issue. As you know, in MA ANY mishandling of SD results in law-mandated Triple Damages. It's not at the judge's discretion.
--73.16.xxx.x |
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