Nice Landlord is a moron besides an oxymoron (Framingham: rental, condo)

[Theperle]

I did a big no-no and could use some advice. I naively (ok, stupidly) thought that as long as all was cool btwn me and the tenants....no problem. We could make whatever decisions we wanted as long as both parties agreed. Oh boy, was I wrong....I've since educated myself a bit about what it means to be a landlord in MA!! The law is detailed but does state how things need to be handled (some of it very plainly stated some of it....not so.)
I own a condo here in MA and live out-of-state. I allowed my tenants (of 2 yrs.) to use their security deposit or "last month's" (both parties erroneously using these terms interchangeably) for their last month. They moved out the end of July and my rental agent starting showing the place. A couple was interested but only if the carpet was replaced. The agent agreed and said (privately) that it really did need to be replaced.
I arranged to be in MA for 5 days. I could not believe the condition of the condo (now mind you, it's mid-Sept -- tenants moved out 1 1/2 mos. ago.) the place was a wreck. It smelled, the carpet was beyond dirty...it was abused and probably never saw a vacuum! In addition to the damages these two caused, it turns out they had a cat, a flea-ridden one! I was attacked while in the condo -- both legs covered in bugs! I take care of critters and after all repaired and new tenants move in; fleas came back bit new tenants. New tenants miserable and want out of the lease. Total damages upwards of almost $3000!

Here's where I need help....I still have the lease and Condition of Unit Statement from the previous, filthy tenants. This was their statement and signed by them. The lease states no pets allowed. I'm covered there, thankfully, but the following is my big concern and makes me wonder if not doing exactly as Massachusetts tenant/landlord law states, make the whole lease null and void. Their original application states last month's rent. Both parties treated it as 'last month's" and it was at the suggestion of the tenant that I use it as such. However, the lease states "Security Deposit". If I attempt to take this couple to small claims court for partial payment to help with some the expenses I incurred; is there a possibility I could get further slammed (paying them 3x's security!!!)for not handling the security deposit properly? I really want to go after those two! Any advice would be greatly appreciated. Thanks, Tp

[shiver]

Security deposit laws are very strict so yes, you are opening yourself up to issues. Also, if you have new tenants in there, I really think you waited too long. The prior tenants are just going to say that the new tenants caused the damage and that if it was that bad, you would've come after them sooner. Speak with a lawyer obviously but I'd say chalk it up to lesson learned and make sure everything is by the book from now on.

[bc02eagle]

I am a landlord...I would chalk it up to a learning experience. The state of Mass is so pro-tenant unfortunately. Just be more careful with future tenants. Also, if you ever come back to mass. throughout the year, use that opportunity to check in on the place that way you won't have any huge surprises and you can address issues before the tenants have already moved-on.

[mmyk72]

When the filthy tenants moved out, did you have someone do a walk thru? If not, after this long I'd say you re OOL. If yes, you are even more OOL and should go after the people you hire who were not doing their job.

[WmassTexan]

If you took money as a security deposit, you would have to also give them the bank and the name of the interest bearing account it was put in (they would get any interest accumulated yearly). If you failed to do this, you are right - they could actually get 3 months rent by the court. From what you stated, it seems a bit murky as to the agreement, so I don't think you would win.

The state actually prints up a pretty good landlord/tenant rights book that you can order. Better to be safe than sorry the next time.

[Theperle]

Thank you all for your responses. I pretty much had chalked it up to a lesson learned until
my new tenants started paying for it too (flea bitten!) Paid an add'l. $500 to retain an exterminating svc for one year for any pests (incl bedbugs!) That was the straw that
broke my "learned lesson" back!

I do have pictures of what the place looked like after my tenants moved out -- there's no doubt who made that mess. Window broken, giant hole in bedroom wall (as if a fist went through it), items that came with the apt were removed (I called dirty tenant, "Ohhh, was that yours?"....it was eventually returned). I got pics of the carpet....the disgusting mess that was left.....

You still think I should just chalk it up, huh?

[Theperle]

Oh, btw, what I meant in prev reply by "the new tenants paying for it too" was in reference
to them getting bit up. I paid the $500 for the exterminating services contract.

[Hollytree]

You say you have a rental agent? If you don't you should get a manager to manage the condo for you- you can't do an adequate job from out of state. A lot of tenants have to be babysat and constantly observed like children- as you're discovering.

[Theperle]

Hollytree, you're absolutely right about hiring someone to manage the condo for me...check in w/the tenants every so often.
Anyone out there know anyone in the MetroWest area (condo is in Framingham) who's handy and might be interested in making a few bucks? If so, let me know.
Happy New Year Y'all!