Our Landlord Seminar is Back!

Please join us on April 10, 2013 at 7:00 pm to hear us speak about how to be a smart residential landlord.  Space is very limited so sign up here:  http://tanowitzlaw.eventbrite.com  We look forward to seeing you.

Snow Removal, Who is Responsible?

   Winter finally found us her in New England after its complete absence last year and a late start this year.  This weekend, the meteorologists are predicting our third snowstorm in as many weekends.  The question is, who is responsible for the shoveling?  The tenant or the landlord.  The answer is, it depends.

     In most instances, the landlord is responsible for keeping the "exterior stairways, fire escapes, egress balconies and bridges free of snow and ice."   However, if a unit has an independent entrance/exit which is not shared with other occupants, then the Landlord can require the tenant to shovel that particular egress, so long as it is in a written lease. In effect, if you are a Landlord renting a whole house or perhaps if you have a multifamily where each unit has its own separate entrance/exit, then you can require your tenants to shovel their own walks.  Otherwise, you, as the landlord have that responsibility.

    This obligation, however, does not appear to extend to any parking area.  However, as a practical matter, you may want to hire a plow service (and make sure you factor that into the rent when you figure out how much to charge) to avoid disputes between tenants, make sure the snow is not dumped into the street and generally to keep tenants happy.

Landlords, Tenants and Carbon Monoxide Detectors

    There have been a number of news reports about carbon monoxide poisoning due to generators running during the storm, blocked heating exhaust pipes and blocked car exhaust pipes.  There is no question that carbon monoxide is an odorless gas that can quickly overwhelm a person.

    Landlords are obliged to provide both carbon monoxide detectors and smoke detectors under the State Sanitary Code.  In order to determine the requirement(s) for your building, you should be in touch with your local fire chief.  Aside from the fact that violations of the Sanitary Code can lead to monetary sanctions, the failure to have properly installed detectors could lead to deadly consequences -- a burden no landlord should want on his or her conscience.  Landlords should check to make sure that the furnace exhaust and the dryer exhaust is not blocked by snow.  This is a simple and easy fix that everyone should undertake anytime there is a significant snowfall.

   If you are a tenant make certain that you have carbon monoxide detectors and check your exhaust vents.  Don't wait for the landlord to make his or her way over to you.  If you don't have carbon monoxide detectors, be in touch with your landlord immediately.  If your landlord can't attend to it quickly, then notify him or her in writing that you will be purchasing the detectors and deducting the cost from your rent. Alternatively, call your local inspectional services department or health department.  Check your exhaust vents as well.  If they are blocked and you can do so, clear them and let your landlord know.  If they can't be easily accessed due to brush or excessive snow, let the landlord know.  I'm not usually this dramatic, but your life may depend on it.

Pass it on . . . Doing Something Good for Newtown

Yesterday, I noticed on my Facebook friend hat Dan Schwartz, a long time lawyer friend in Connecticut had put up a post about collecting some gift cards.  His law firm has employees that live in Newtown, CT and while none were directly affected, clearly all know people who were.  I shared the post on my personal page and put up a little something on the Tanowitz Law Office, P.C. facebook page. 

This morning, Dan posted this on his blog and I thought it worthwhile to post one more thing about this project.  So check it out and pass it on, if you'd like.

Commercial Landlord's Repair Obligations

     Here is an interesting blog post, by my Attorney Joel Sowalsky about commercial landlords and their obligation to repair. Commercial landlords are different than those of residential landlords.  If you are a residential landlord, your tenants cannot waive your obligation to repair and requiring them to do so, violates the consumer protection act.. 

Welcome to Kim Alley, our newest addition to Tanowitz Law!

  This post and announcement is well overdue.  I am pleased to announce that Kimberly Alley joined Tanowitz Law Office, P.C. in August as of counsel.  Kim has been practicing for nearly two decades.  In addition to handling commercial, civil litigation cases, Kim also handles employment matters, both counseling and disputes, personal injury cases and criminal matters.  You can see her full biography on our website.

    

Hurricane Sandy and Repairs

     Massachusetts came through Hurricane Sandy relatively unscathed in comparison to New York and New Jersey.  However, many people have sustained damage and need repairs.  Contractors in Massachusetts who are performing renovations on one to four family homes must be registered with the Office of Consumer Affairs under Mass.Gen.L. ch. 142A  In a post I wrote earlier this year, I discussed how to select a contractor.  As I detailed there, you should check references, check the Office of Consumer Affairs website and the Department of Public Safety for the contractor's licenses.  The law requires that contractors follow a number of rules regarding payment, requirements in your contract and that the work must be performed according to the Massachusetts Building Code.

    Once you find a contractor you want to hire, make sure that your contract clearly states the work to be performed, the materials to be used, the payment schedule and provisions for termination.  You should seriously consider having a lawyer take a look at the contract.  While it will cost you money up front, the cost of a few hours of a lawyer's time to review the contract up front is very small in comparison to what you will spend if you have to litigate the matter.