It seems that in the Boston area, many if not most leases turn over between June 1 and September 1. As landlords seeks to find new renters and tenants seek to find new places to live, keep in mind that federal law requires landlords who own a building constructed prior to 1978 must
disclose to prospective tenants available information regarding the
presence of lead-based paint and lead-based paint hazards in the
housing. The failure to do so can result in penalties from both the Environmental Protection Agency (EPA) and the Department of Housing and Urban Development (HUD).
Landlords should keep the following in mind: The disclosure applies to nearly all housing constructed prior to 1978. Exceptions apply where: (1) a certified inspector has found the
property to be lead-based paint free; (2) the rental is for less than
100 days with no ability to extend the rental period; or (3) the lease
is a renewal and the landlord has already complied with the disclosure
and there is no new information. There are also exceptions for housing for the elderly and disabled, but only if no children under six resides at the unit. If you believe you are exempt from these regulations, check with an attorney before deciding that you don't have to provide the necessary paperwork.
The disclosures are not onerous. Landlords or property managers must provide the prospective tenant with a copy of the EPA pamphlet entitled, “Protect Your Family from Lead in Your Home” or provide an EPA-approved equivalent. The landlord must disclose to the tenant the presence of any known lead based paint and/or lead based paint hazards in the
unit and associated common areas, and disclose “any additional
information available” about these conditions, such as the location of the paint and the condition of surfaces. Landlords also must provide the tenant with “any records or reports available”
concerning paint hazards applicable to the building, including other units and the common areas.
The landlord will need to get the tenant to sign a Lead Warning Statement, such as the one in the preamble to the Lead Disclosure Rule. Landlords must retain a copy of the signed document for three years; however, the statute of limitations for enforcement is five years, so landlords are well advised to keep their paperwork for at least that time period.
Friday, June 6, 2014
Tuesday, January 7, 2014
Finding a Good Landlord
I've written and given talks about how a landlord can find a good tenant, but after reading Boston Magazine's article "Lord of the Sties" last week, I began to think about how a tenant can find good landlord. It is more difficult for a tenant to research a landlord, because violations from Inspectional Services or the local Health Department are not generally available online. Here are some questions to ask and some research to undertake.
First, when you look at the apartment, pay close attention to the condition of the common areas as well as the apartment. Look up at the ceiling -- do you see water stains? Look at the floor -- is it cracked? Is there a lot of dirt and garbage accumulated in the corner? If there is laundry in the building, what does the area look like? Are there water stains in the basement?
Second, ask questions. Ask whoever shows you the apartment. If you see anyone in the hallway, ask whether they like living in the building. Ask about the landlord. Ask why the tenant moved out. Maybe you will get a real answer, maybe not, but you certainly won't know if you don't ask.
Third, if you can go back to the building without the manager or real estate agent, do so. Because of building security, this may not be possible, but if you are looking in the spring or summer maybe you can find some people leaving the building and, without stalking them, ask some questions.
Fourth, research your landlord. Find out his or her name and Google that person. If you have time, go to the Inspectional Services Department or Health Department for the city or town in which the apartment is located and ask to see records for that building. Anytime there is a violation of the Sanitary Code, the inspectors are supposed to write up the violation. These records are public record, they just are not online. Further, a town inspector probably knows which landlords are better and which are worse, particularly if you are dealing with a smaller city or town. Court records may not be as helpful because there are generally claims and counterclaims between landlord and tenant and unless you review the entire file, it may be difficult to determine whether there really are condition issues.
Finally, go with your gut. If you have a bad feeling about the apartment, then don't rent it, no matter how good a deal it might be.
First, when you look at the apartment, pay close attention to the condition of the common areas as well as the apartment. Look up at the ceiling -- do you see water stains? Look at the floor -- is it cracked? Is there a lot of dirt and garbage accumulated in the corner? If there is laundry in the building, what does the area look like? Are there water stains in the basement?
Second, ask questions. Ask whoever shows you the apartment. If you see anyone in the hallway, ask whether they like living in the building. Ask about the landlord. Ask why the tenant moved out. Maybe you will get a real answer, maybe not, but you certainly won't know if you don't ask.
Third, if you can go back to the building without the manager or real estate agent, do so. Because of building security, this may not be possible, but if you are looking in the spring or summer maybe you can find some people leaving the building and, without stalking them, ask some questions.
Fourth, research your landlord. Find out his or her name and Google that person. If you have time, go to the Inspectional Services Department or Health Department for the city or town in which the apartment is located and ask to see records for that building. Anytime there is a violation of the Sanitary Code, the inspectors are supposed to write up the violation. These records are public record, they just are not online. Further, a town inspector probably knows which landlords are better and which are worse, particularly if you are dealing with a smaller city or town. Court records may not be as helpful because there are generally claims and counterclaims between landlord and tenant and unless you review the entire file, it may be difficult to determine whether there really are condition issues.
Finally, go with your gut. If you have a bad feeling about the apartment, then don't rent it, no matter how good a deal it might be.
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