Legal Question in Landlord & Tenant Law in Massachusetts

Dear Attorney,

Am I required to provide screens on windows to my tenant? If some windows do not hold up then am I required to get them fixed? I suspect that the tenant has damaged these windows and they don't hold up any more.

Also, the tenant gave me a single cheque that says first month rent + security deposit. I asked him to give me two separate cheques. Since I can not deposit the first month rent and security deposit in the escrow account, I deposited the cheque in my Savings account. I thought it would be a violation to deposit money in security deposit escrow account unless the amount is only for security purposes.

So I treated the amount as first and last months rent and verbally communicated this to the tenant. Did I do the right thing or can the court find me at fault here?

Thanks

A landlord who is getting a hard time from the tenant


Asked on 5/23/12, 4:58 am

1 Answer from Attorneys

I would suggest you put the change in writing and have the Tenant sign the change as agreed. However, last month's rent should be put in an escrow account accruing interest.

If the current tenant damaged the windows, then they are responsible for the repair. This is assuming the damage did not occur as part of normal wear and tear. If the Tenant calls the Health Dept, they will require you to provide workable screens for the windows. I would provide working screens and/or repair the windows so the old screens work.

You could deposit the money into a savings account or operation account, making a copy of the check the tenant gave you and deposit the security or last months rent into an escrow account and give the Tenant the required information on where the money is being held.

If you go to Mass Trial Court Libraries online, there is a very good article on how to be a good landlord. Check out law about Landlord-Tenant.

Good luck

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Answered on 5/23/12, 6:45 am


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