What methods of payment I can require in lease, and can I have a relative act as property manager in eviction
I am preparing a lease for a person who will be renting my furnished condo for 8 months while I’m away doing work for a nonprofit. My worry is that the person might try to squat at the end of the lease term, even though the lease says it’s non renewable and all that. The last time I rented my place, the person stopped paying rent and it was a huge hassle. Especially because even if I went to court all I could apparently recover was lost rent, which I eventually got from him without going to court, but it took $1,000 of a lawyer to do it. The person about to rent from me has some money I could go after, so I want to find out if it’s ok for me to do either of: A) charge late fees if rent is paid late, and that way if he stops paying rent, he would legally rack up fees that would make taking him to court more worth it. If it’s ok, is there any limit? B) a fine for exceeding the lease term, and if it’s ok, is there any limit? I’d prefer A because that would cover me if the person stops paying rent, and likewise if they try to do it in the final 1-2 months of renting hoping I will accept the security deposit.
Another question I have is can I require payment to be paid via cashiers check, money order, bank transfer or Paypal and not accept personal checks - as personal checks really delay the process by several days if they write one that’s bad just to delay me.
The final question is - is it possible to state in the lease that someone else, like my Dad, is the property manager so that if I need to evict the person, I don’t need to fly up here to be in court and stuff, and can have someone else handle it. I might decide to handle it anyway, but it would be nice to have the option of someone else being legally allowed to take care of it. What do I need to do in order to make that possible. E.g. does the property manager need to be the one who accepts the security deposit? Or the one who emails the renter the lease? Or gives them the key?
I would like to do all those things myself, and then just use the property manager if eviction is needed. But if I need to have my Dad or someone do a couple of those things for legal reasons to establish they are managing the property, then I might. My Dad is busy so would prefer not to do anything other than eviction if needed. He would handle eviction to save me 2 days travel time, and $400 in airfare and taxis.
Can simply saying that my Dad is property manager in the lease be enough? And if I say that, do I still have the right as owner to handle evicting myself?
Thanks.
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Editor's Response
Too many questions to answer in this format (you and your dad should read one of the books listed on our Books about Massachusetts Law page dealing with landlord/tenant issues). I believe you can hold out for a tenant who is willing to sign a lease agreeing to a payment method that suits you, including using a direct deposit service.
There is really nothing you can do to speed up the eviction process in MA. No fines are allowed for exceeding the term. The best you can do is to get as much money as you legally can up front and manage that money in accordance with the law. (Again, read the books or the many threads on this site). Massachusetts law allows landlords to collect first and last month's rent, a security deposit in an amount equal to or less than one month's rent, and the cost of installing a new lock. (Massachusetts General Laws, c. 186, s. 15B).
You can charge a late fee in MA, but read the thread for limitations.
I read the thread a couple
I read the thread a couple days ago but it doesn't say if there is a maximum amount one can charge for a late fee. I would like to be able to charge a very large late fee so that if they stop paying and it takes me 3 months to evict them (given the fact that they can drag it out if they wish through various means), then they owe me the late fee on top of the rent for the time they occupied and the time it takes me to find a new renter. It may in some cases act a deterrent as well if they think they don't want to risk a big late fee. I know this would only work if they have money or assets - though most of the time my renter will have money or assets. I treat anyone that rents from me really well, but some people try to abuse the law (even when they have money ) and I want to have as much leverage as is possible if they take advantage of me. Is there a limit to how big the late fee can be? I am going to order one of the books but I need to get the late fee part figured out for the current lease I need to currently, then I will go back and read the book over the months ahead with my free time. Thanks.
Editor's Response
The statute says "No lease or other rental agreement shall impose any interest or penalty for failure to pay rent until thirty days after such rent shall have been due." No mention of a limit. However, I'm sure at some point a judge will find the fee unconscionable. The better approach is to find a tenant with assets and make sure your lease form allows you to recover the costs, including attorney's fees, of an action to collect rent/evict the tenant.